Asbestos Accident Lawyer

Asbestos, a dangerous mineral is flame-proof and heat-resistant properties. It was widely used until 1989 when a ban on its manufacture was enacted.

Asbestos-exposed victims are often affected by mesothelioma, a serious disease. A mesothelioma lawyer may help families file claims against negligent asbestos producers.

Time Limits for Filing the Claim

If someone is diagnosed with an asbestos-related illness, they typically only have a short period of time to file an action. There are various statutes of limitation which limit the time that a person who has been injured can pursue legal action against the responsible parties. These statutes of limitation vary by state and based on the kind of lawsuit filed, whether it is an injury-related or wrongful death lawsuit.

Personal injury cases are generally subject to a limitation period that begins the moment the victim receives their first diagnosis. However, since mesothelioma and other asbestos-related diseases have a delay of between 10 and 50 years, the patients may not even realize they are suffering until years later. It is therefore important to locate a skilled attorney immediately after being diagnosed, so that they can begin the legal process prior to the statute of limitations expires.

Asbestos lawsuits are subject to different statutes of limitations in a variety of states. In New York, for example, a mesothelioma patient has three years to file a lawsuit after their diagnosis. This is different from other states that have statutes of limitations based upon when symptoms first become apparent or the date of initial exposure. Additionally, as the home state of a victim can affect the statutes of limitations applicable to their particular case, an experienced mesothelioma lawyer will ensure that the claim is filed in the correct state.

If a victim's statute of limitations has expired the victim still has options to obtain financial compensation. One option is to make an claim against a maker of asbestos-containing products. Asbestos companies that have set up trust funds to compensate victims cannot be sued in court. However, they may be able settle with a victim if they submit a successful case.

We will need to collect details about the asbestos company and job site from the victim's files before we can submit a claim. Our mesothelioma lawyers will utilize this information to determine if the victim is eligible for a settlement through the trust fund of their choice. In some cases it is possible for the patient to file claims with multiple trust funds to maximize the amount of compensation they receive.

Statute of limitations

Generally, a person must file a lawsuit within a certain time limit in order to be eligible for compensation. The time limit for filing a lawsuit varies according to the state and type of claim. A skilled asbestos lawyer will provide you with the laws in your state to ensure you do not miss the deadline for legal action.


Asbest-related illnesses unlike other types of personal injuries, often develop over a long period of time. They are often diagnosed several years after exposure. The statute of limitations for asbestos is different from the statute of limitations for other types of injuries. Asbestos sufferers benefit from a discovery rule which allows the statute of limitations clock to start ticking only after a victim is officially diagnosed with an asbestos-related illness.

The statutes of limitations vary by state and are determined by the nature of the asbestos-related disease as well as other factors like how the disease is diagnosed and where the individual lived or worked throughout their professional life. Construction workers are more likely to develop mesothelioma. However, anyone is susceptible to exposure to asbestos.

A seasoned attorney can help individuals determine the appropriate statute for their case and when it will begin to run. They can also provide advice on how to avoid a deadline which may have already expired, and assist with other types of compensation, such as trust fund claims or VA Benefits.

A knowledgeable asbestos lawyer may still be able to file a lawsuit on behalf of a victim or their family after the deadlines have been met. They can also conduct an investigation when the deadlines set by law have been extended or temporarily paused under certain circumstances. For instance, if the claimant is minor or lacks legal capacity.

Williams Hart, a law firm located in New York City, offers a no-obligation free assessment of cases to those who have suffered injuries from asbestos. Contact us now to begin. We are dedicated to fighting for the rights and families of victims. Our lawyers have represented victims throughout the United States. They have secured millions of dollars in compensation for victims, and we are prepared to fight for you as well.

How to File an Claim with a Trust Fund

Asbestos-related victims are entitled to full compensation for their losses, including medical expenses as well as loss of income and suffering. An asbestos lawyer can assist you to obtain the financial compensation you deserve.

Trust funds are often created by companies who expose individuals to asbestos to compensate victims. These trusts were set up when companies filed for bankruptcy to avoid lawsuits. Typically, an asbestos trust fund in bankruptcy is run by a trustee and it pays out claims on a set timetable. Trusts are established through rigorous estimation procedures to determine how much is required to pay future asbestos victims.

A seasoned asbestos lawyer can assist you in filing a claim with an asbestos trust fund for bankruptcy. They can also help you in filing a lawsuit against the company which caused your mesothelioma, or other asbestos-related illness. A knowledgeable attorney will review your options and aid you in filing the best case possible to maximize your compensation.

Your attorney will need evidence to support your diagnosis and your exposure background. This can include pathology reports and imaging scans, as and a physician's report. The attorney will provide this information in accordance with the trust's guidelines. Certain asbestos trusts accept online claims, whereas others require a printed application.

The amount of compensation received from a trust fund is contingent on the severity of the diagnosis and situation of the person. The attorney will go over the available payouts and decide the amount they believe is the most suitable for your situation. The lawyer will ensure that you receive any other benefits you are entitled to, including veterans' benefits or workers' compensation.

In average, asbestos bankruptcy trusts will pay $41,000 per victim. It is important to keep in mind that the amount paid is determined on a case-by-case basis and many victims received much more than this amount. Additionally, it is possible to file with multiple asbestos trusts to boost your compensation overall.

An asbestos lawyer can assist you in weighing the pros and cons when evaluating your legal options. They can also determine your eligibility for trust fund compensation as well as other sources, including VA settlements and benefits.

Making a Claim with Workers' Compensation

Asbestos is a fibrous rock that has been employed in manufacturing and construction since the 19th century. It was valued for its resistance against heat, chemicals, and fire in addition to its tensile strength and flexibility. Asbestos can trigger serious health problems such as mesothelioma or lung cancer. People who are exposed to this harmful material in shipyards, construction sites, power plants, and other areas are at greater risk of developing asbestos-related diseases. Victims and their loved ones may be eligible for compensation for lost wages and medical expenses, funeral costs and loss of quality of life, emotional stress and mental anguish, as well as other losses.

A skilled attorney can assist victims obtain financial restitution. They can help explain the various ways to get compensation and help with filing a claim. They can also review the statutes, which determine how long victims have to file a suit. They may also consider whether there are other options to obtain funds, like asbestos trusts or veterans benefits.

A competent lawyer will provide an extensive list of references that can be contacted in order to verify their skills. If possible, they can meet their client in person. This is a great method to determine whether the client is happy with the lawyer and if they have the best interests of the client in mind. Santa Ana asbestos lawyers seasoned lawyer will be able to provide an honest assessment of a case's potential worth and negotiate a fair fee for both parties.

In certain cases it is possible that the workers' compensation insurance company could deny a claim for injury or disease claim. If this happens, the employee can request a hearing before a judge of workers' compensation within 30 days. In the hearing, the judge will examine your claim and either accept or suggest ways to resolve the dispute.

People who suffer from an occupational injury or illness which includes Mesothelioma is advised to inform their employer about the condition as soon as they can and seek medical attention. They may then file a workers compensation claim to pay the cost of their losses. In the majority of states, the employer must start paying workers' compensation as soon as they receive notice of a work-related injury or illness.