• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File an Asbestos Claim

An asbestos claim is a legal action against businesses that exposed a person to asbestos. The statute of limitations is a period within which lawsuits must be filed.

Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff passes away the estate representative of their deceased victim may continue the case in a lawsuit for wrongful deaths.

Work History

Asbestos-related victims have to give their lawyer's papers that clearly state the date they were exposed to asbestos, their job description and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct link between the exposure and the illness of the victim. Without the right evidence, an asbestos lawsuit may not be able to move forward.

Asbestos is more likely to be discovered in industrial settings. However, asbestos exposure is common in schools, churches or military bases, hospitals and private residences. Asbestos can be found in shingles, pipes, insulation, and fireproofing materials. People who are exposed to these materials can inhale asbestos fibers and develop respiratory problems and diseases like mesothelioma.

Many companies that made asbestos were aware of its dangers however, they chose to not speak about it. This decision was made to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that these companies started to compensate those who developed mesothelioma and other illnesses caused by exposure to asbestos.

A lawsuit against a company that produces asbestos can be a complicated process. Because asbestos is no longer used it can be difficult to identify the responsible parties. There are a variety of laws that help victims determine the companies accountable for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims are typically compensated by asbestos attorneys trust funds. These funds were set up to help victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these situations an experienced attorney who specializes in asbestos litigation will be able to bargain with these funds and get you the most amount of compensation that is possible.

Families of people who died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of lawsuit seeks compensation for unreimbursed medical costs, funeral expenses and loss of income of the deceased. These lawsuits also seek to hold asbestos companies accountable for their negligence.

Testimonials

You can sue the companies that put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will collect evidence to prove the companies who caused you harm, such as medical evidence of your diagnosis and asbestos product identification. A lot of lawsuits involve dozens of defendants, as it is common for plaintiffs to be exposed to various asbestos-related products throughout their career.

A lawyer who is specialized in mesothelioma cases will to identify the right defendants in your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos litigation worth over $2 billion.

In the past lawyers who were specialized in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in bulk. The aim was to overload the judicial system and make lawyers richer. According to the U.S. Department of Justice this skewed approach to litigation has been detrimental to plaintiffs. It also has drained funds that could have been made available to individuals who are expected to contract more serious illnesses in the future.

The current compensation system requires that attorneys categorize claims based on diagnosis. This has resulted in a decreased number of mesothelioma claims being filed. This is in addition to the fact that some states have enacted tort reforms that resulted in more stringent medical criteria and an inactive docket these changes have contributed to a decrease in new claim filing activity from 2004 to the year 2006.

In addition to mesothelioma claims you can also file wrongful death claims for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they became aware (or should have been aware) of the injury. In other states the statutes of limitations differ, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that imposes the deadline for filing a legal claim. The deadlines vary by state. These deadlines usually are based on when the victim was exposed to asbestos or was diagnosed with an asbestos attorneys-related illness. However, there are several factors that can complicate these rules.

Many people exposed to asbestos do not know they have been diagnosed with a disease until decades after their first exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. It is important that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.

The statute of limitations varies in each state, but they generally start with the date of diagnosis. Certain states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful death statutes of limitation are shorter than personal injury ones.

Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as possible. The lawyer will be able to evaluate all possible sources of compensation and give advice on the best way, where and when to file. Additionally, an experienced mesothelioma lawyer can assist when the statute of limitation has already expired.

Lawyers for mesothelioma may suggest options to obtain compensation even if the statute of limitations has run out. This includes trust fund claims as well as other sources of financial assistance. They might also be capable of filing the claim in another jurisdiction where the statute of limitations hasn't yet expired.

If the person hasn't been diagnosed with mesothelioma, the time limit begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a traditional statute of limitations, but begin at the time of the diagnosis instead of the first exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can explain state laws, as well as specific circumstances where the statute of limitations can be tolled or suspended.

Employ a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will work with other attorneys to ensure your case has the highest chance of success.

Asbestos lawsuits differ from other personal injury cases. The main reason is that asbestos exposure occurred several decades ago and many of the companies that were exposed have either filed for bankruptcy or gone out of business. The majority of the workers who were exposed to asbestos don't even remember where they worked, and it is difficult to pinpoint the locations in which they could have been exposed. An experienced attorney can assist you with this because he/she will be able to use the resources available to him/her to find out what companies were exposed and the time they worked for them.

After the asbestos lawyer has an understanding of the location to which the individual was exposed to asbestos and what they did the lawyer will then call in medical experts to look over the evidence and prepare reports on how exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer is able establish the causation aspect of the case, as without it, the victim may not be eligible for compensation.

A mesothelioma lawyer will be able to collect the required information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment, asbestos-related injuries medical records, testimony from other victims and much more. Additionally, a mesothelioma lawyer should be acquainted with the various kinds of financial assistance that are available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related condition, should hire an asbestos lawyer. A lawyer is capable of helping patients decide which claim is the best for them, and then assist them complete the appropriate paperwork. An attorney for mesothelioma can assist people suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.