How to File an Asbestos Claim
An asbestos claim is a legal proceeding against businesses that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits must be filed.
Asbestos lawsuits can be filed by those who are alive or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case as a wrongful death lawsuit.
Work History
Asbestos-related victims have to give their lawyer's papers that clearly state the date they were exposed to asbestos, what their job responsibilities are and how long. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim’s illness. Without the right evidence an asbestos lawsuit might not be able to progress.
St. Petersburg asbestos lawsuits who work in a workplace are more likely to be exposed to asbestos. However, asbestos exposure can occur in schools, churches, military bases, hospitals and private homes. Asbestos can be found in pipes, shingles, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to this material.
Many asbestos-producing companies were aware of its dangers however they decided to not speak about it. This was a decision made in order to increase profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate people who developed mesothelioma and other illnesses caused by exposure to asbestos.
A lawsuit against an asbestos-related firm is a complicated process. Because asbestos is no longer in use, it can be difficult to identify the responsible parties. There are a number of laws that can help victims find the companies responsible for their asbestos exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to help injured victims get compensation when the companies which exposed them have gone bankrupt. In these instances an experienced attorney who specializes in asbestos litigation will know how to bargain with these funds and get you the maximum amount of compensation you can get.
Families of people who died from mesothelioma, or an asbestos-related disease, can bring wrongful death lawsuits. This type of lawsuit seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold responsible asbestos companies accountable for their wrongful conduct.
Testimonials
You can sue the companies who put you at risk if you are diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove that the companies that harmed you, including medical evidence of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have been exposed various asbestos-related products throughout their lives A lot of lawsuits involve multiple defendants.
A lawyer who specializes on mesothelioma cases will find the right defendants for your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos litigation worth over $2 billion.
Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits in mass. The aim was to overload the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. The result is that funds are being drained that would have been accessible to people who develop more serious illnesses in the near future.
The current compensation system requires attorneys categorize claims based on diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. In addition, certain states have passed tort reforms that have resulted in more stringent medical criteria and an inactive docket these changes have contributed to a decrease in new claims being filed between 2004 and the year 2006.
You can also bring wrongful death lawsuits on behalf relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to take legal action within three years of when they became aware (or should have had the knowledge) of the injury. In other states the statutes of limitation differ in New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitation is a law that establishes an expiration date to file an claim. The deadlines vary by state. These deadlines are usually based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are several factors that can complicate the rules.
Many people exposed to asbestos do not realize they have been diagnosed with a disease until years after their initial exposure. This is due the latency period for mesothelioma, and other asbestos-related diseases. It is important that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.
The statute of limitation varies between states, but generally begins with the date of diagnosis. Some states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos victims and their families should consider hiring mesothelioma lawyers as soon as possible. The lawyer will be able to review the various options for compensation and offer advice on where, how and when to file. A knowledgeable mesothelioma lawyer can help if the statute of limitations has already expired.
Mesothelioma lawyers can suggest options for obtaining compensation even in the event that the statute of limitations has passed for trust fund claims or other sources of financial assistance. They may be able file the claim in a place in which the statute of limitations has not expired.
If the person is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed as having another related illness, like asbestosis or lung cancer. Some states have "discovery statutes" that use the same rules as the traditional statutes of limitations, but start with the date of diagnosis, not the date of exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. An attorney for mesothelioma can explain the law of the state and also the situations in which the statute of limitations could be suspended or tolled.
Hire a Lawyer
Asbestos lawyers are able to navigate the maze of asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome.
Asbestos cases are very different from other personal injury claims. The asbestos exposure occurred decades ago, and many of the companies affected have gone out of business or have filed for bankruptcy. Many workers who were exposed to asbestos don't remember the places they worked in and it may be difficult for them identify the places they might have been in. An experienced attorney can assist you with this because he/she can use the resources available to him/her in order to determine which companies were affected and when they worked for them.
Once the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he can have medical experts review and write reports on the cause of mesothelioma. It is vital that the asbestos attorney can establish the causation element of the case because without it, the victim might not be eligible for compensation.
A mesothelioma lawyer will also be able to collect the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's occupation, asbestos-related injuries and medical records. Additionally, they can gather testimonies of other victims. A mesothelioma lawyer must also be knowledgeable about the various types of financial aid available to victims and family members. This includes health insurance benefits as well as disability insurance and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related condition is advised to consult an asbestos lawyer. A lawyer will be in a position to assist patients determine which type of claim is appropriate for them and help to file the proper documentation. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses file claims for compensation, which includes trust fund and VA claims.