How To Identify The Asbestos Claim That Is Right For You
How to File an Asbestos Claim
Legal action is taken against companies that exposed a person to asbestos. Lawsuits must be filed within a specific time period, also called the statute of limitations.
Asbestos lawsuits may be filed by the living victims or their families. If a plaintiff dies the estate representative of their estate may continue the case despite the doctrine of wrongful death.
Work History
Asbestos victims need to give their lawyer documents that clearly specify the date of their exposure to asbestos, their job entailed and the length of time. This information will assist the lawyer establish a direct link between that exposure and the illness of the victim. A lawsuit involving asbestos may not be successful if the evidence is lacking.
Workers in an industrial setting are more likely to be exposed to asbestos. However, exposure to asbestos is common in schools, churches or military bases, hospitals and private homes. Asbestos can be found in fireproofing and insulation materials pipes, shingles, and pipes. People who are exposed these materials may inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.
Many of the companies that produced asbestos knew of its dangers, but chose to keep this information from the public. This was done to protect the industry and increase profits. The companies did not begin to compensate people who contracted mesothelioma and other ailments because of asbestos exposure until the first lawsuits were filed.
A lawsuit against a business that produces asbestos is a difficult task. Since asbestos is no longer in use it can be difficult to determine who is responsible. However, there are a variety of laws that help victims find the companies that are responsible for their 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 trust funds. These funds are created to assist victims of asbestos get compensation when the companies that exposed them have gone bankrupt. An experienced attorney who is skilled in asbestos litigation is able to negotiate these funds and get the maximum amount of compensation.
Families of those who died from mesothelioma, or another asbestos-related illness, may make wrongful death claims. This type of lawsuit seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct.
Testimonials
Once you have been diagnosed with mesothelioma or another asbestos-related disease, you can bring a lawsuit against the businesses that put you in harm's way. Your legal team will collect evidence to show that the companies harmed you. This includes medical proof of your diagnoses and asbestos product identification. Many lawsuits involve dozens of defendants, since it is typical for plaintiffs to have been exposed to various asbestos-related products during their professional careers.
A lawyer who specializes in mesothelioma claims will be able to find the appropriate defendants for your case, even if these companies have been declared bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped to settle more than $2 billion in asbestos litigation.
In the past law firms that specialize in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. The aim was to overload the judicial system and enrich the lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It has also depleted funds that could have been available to individuals who are expected to develop more serious illnesses in the future.
The current compensation systems in place require attorneys to classify claims based on diagnosis. This has resulted in an increase in mesothelioma cases being filed. These changes, in addition to the fact that some states have enacted reforms in tort law that have led to the use of a more strict medical criterion and an inactive docket, have led to a decrease in number of new claims that were filed from 2004 to 2006.
In addition to mesothelioma claims you can also file wrongful death claims for family members who lost loved ones because of asbestos exposure. New York law allows families to bring an action within three years from the time they were aware (or were aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two years.
Statute of Limitations
A statute of limitations is a law that establishes the deadline for filing a legal claim. The deadlines vary by state. They usually are based on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. There are however a number of factors that could complicate these rules.
Many people who have been exposed to asbestos do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is important that mesothelioma patients as well as their families file a lawsuit as soon as possible due to the latency period.
The time limit for a statute of limitations varies between states, but in most cases it begins with the date of diagnosis. There are also states that have different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitation are shorter than personal injury ones.
Asbestos victims and their families should think about hiring mesothelioma lawyers as soon as is feasible. The lawyer will be able to review all possible sources of compensation and offer advice on where, how and when to file. A mesothelioma lawyer could assist if the statute is expired.
Mesothelioma lawyers can recommend options to obtain compensation even in the event that the statute of limitations has run out for example, trust fund claims or other sources of financial assistance. They may be able file the claim in a place where the statute has not expired.
If the patient is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with another related illness, like asbestosis or lung cancer. Certain states have "discovery statutes" that use the same rules as the statutes of limitations that are used in traditional cases but begin with the date of diagnosis, not exposure.
Mesothelioma lawyers should always discuss limitations statutes with clients and their loved ones. A mesothelioma lawyer who is knowledgeable can explain the laws of the state, as well as specific situations in which a statute of limitations may be extended or suspended.
Sioux Falls asbestos lawsuit are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case is given the best possible outcome.
Asbestos claims are distinct from other personal injury cases. The reason for this is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either filed for bankruptcy or have gone out of business. Many times, those who were exposed do not even remember where they worked and it's difficult to pinpoint the locations where they may have been exposed. This is why a seasoned attorney is critical because they can make use of the resources available to him or her disposal to find out the names of the companies which were exposed as well as the dates that they worked for them.
Once the asbestos attorney has an understanding of the place the person was exposed and what they did in the area the lawyer can then get medical experts to examine the evidence and create reports about how the exposure to asbestos led to the mesothelioma. It is crucial that the asbestos attorney is able to determine the causation aspect of the case because without it, the victim may not be able to claim compensation.
A mesothelioma lawyer can be able to gather 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 work as well as asbestos-related injuries, and medical records. Also, it includes the testimonies of other victims. A mesothelioma attorney should also be familiar with the various types of financial aid available to patients and their family members. This includes health insurance benefits as well as disability insurance. Social Security benefits.
Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or any other asbestos-related disease. A lawyer can assist patients determine the type of claim they should make and help them fill out the paperwork. An experienced mesothelioma lawyer can assist those suffering from other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.