anklerugby4

How to File an Asbestos Claim An asbestos claim is a legal action brought against companies that exposed a person to asbestos. The lawsuit must be filed within a specified time frame called the statute of limitations. Asbestos lawsuits can be brought by the living victims or their families. When a plaintiff dies the estate representative of their estate may continue the case despite the doctrine of wrongful death. Work History Asbestos-related victims must give their lawyer's documents that clearly specify when they were exposed to asbestos, their job description and how long. This information will help the lawyer establish a direct link between that exposure and the victim's illness. A lawsuit that involves asbestos may not be successful if evidence isn't there. Asbestos is most likely be found in industrial environments. However, exposure to asbestos is common in churches, schools and military bases, hospitals and private residences. Asbestos can be found in pipes, shingles, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma in people who are exposed to the material. Many of the companies who produced asbestos were aware of the dangers, but chose to keep this information from the public. This was a decision made in order to increase profits and safeguard the industry. It wasn't until first asbestos lawsuits were filed that the companies began to compensate people who developed mesothelioma and other illnesses caused by exposure. A lawsuit against an asbestos company can be a difficult task. It can be difficult to identify the parties responsible since asbestos is no more used. There are however many 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 usually compensated by asbestos trust funds. These funds are created to help injured victims get compensation when the companies that exposed them have gone bankrupt. In these cases an experienced attorney who specializes in asbestos litigation will know how to negotiate with these funds and get you the most compensation possible. Wrongful death cases are filed by the relatives of those who have died due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks to recover the unpaid funeral expenses, medical costs and loss of income for the deceased. These lawsuits also seek to hold the asbestos companies responsible for their negligence. Testimonials Once you have been diagnosed with mesothelioma or an asbestos-related illness, you can file a lawsuit against the companies that put you in harm's way. Your legal team will gather evidence to prove that the companies who caused you harm, such as medical proof of your diagnosis and asbestos product identification. Since it is commonplace that plaintiffs have been exposed various asbestos-related products throughout their lives, many lawsuits have multiple defendants. A lawyer who specializes in mesothelioma lawsuits can help you find the right defendants for your case, even if these companies have been declared bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos litigation worth more than $2 billion. In the past lawyers who specialized in asbestos litigation would approach clients and then “bundle” them together into groups to file lawsuits in large quantities. The aim was to overload the judiciary and increase the wealth of lawyers. This skewed approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has drained funds which could have been provided to individuals who are expected to develop more serious diseases in the future. The current compensation system requires attorneys group claims based on the diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. Combined with the fact that certain states have passed tort reforms that resulted in more stringent medical criteria and an inactive docket these changes have led to a decrease in new claim filing activity between 2004 and the year 2006. You can also file wrongful death lawsuits for relatives of a deceased loved one who died due to asbestos exposure. Lynn asbestos lawyers allows families to bring lawsuits within three years from the time they were aware (or should have been aware) of an injury. In other states the statutes of limitation differ, with New Jersey and Pennsylvania requiring legal action within two years. Statute of Limitations A statute of limitation is a law that sets an expiration date for filing a claim. The deadlines vary by state. They usually are dependent on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. However, there are a variety of factors that can complicate these rules. Many asbestos-related exposure victims do not know 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 statute of limitations differs between states, but generally begins with the date of diagnosis. Some states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful-death statutes of limitation are shorter than those for personal injury claims. Asbestos patients and their families must hire a mesothelioma attorney as soon as possible. The lawyer will review all of the potential sources of compensation for a client and advise on when, where and the best way to file. A mesothelioma lawyer may also help if the statute is expired. Mesothelioma lawyers can suggest options to obtain compensation even when the statute of limitations has run out for trust fund claims or other sources of financial assistance. They may be able to file the claim in a jurisdiction where the statute of limitations hasn't expired. If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related illness like asbestosis or lung cancer. Certain states have “discovery statutes” that apply the same as the traditional statutes of limitations however they begin with the date of diagnosis instead of exposure. Mesothelioma attorneys must always discuss statutes of limitations with clients and their loved 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 tolled or suspended. Hire a Lawyer Asbestos lawyers know how to navigate the complexities of asbestos litigation. They work with other attorneys to ensure that your case gets the best possible outcome. Asbestos claims differ from other personal injury cases. The exposure to asbestos was decades ago, and many of the companies affected have gone out of business or filed for bankruptcy. Many workers who were exposed to asbestos can't remember the places they worked in and it may be difficult for them identify the places they might have been in. A knowledgeable attorney can assist you with this as he/she will be able to use the resources available to in order to determine which companies were affected and when they worked for them. Once the asbestos lawyer has an understanding of the location to which the individual was exposed and what they did and what they did, he or she can then engage medical experts to examine the evidence and create reports about how the exposure to asbestos triggered mesothelioma. It is essential that the asbestos attorney can determine 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 information needed to bring a lawsuit against asbestos as well as a trust fund claim for the victim. This includes gathering information on the victim's job or work-related asbestos-related injuries as well as medical records. It also includes testimonies of other victims. A mesothelioma attorney should also be knowledgeable about the various types of financial aid that are available to victims and family members. This includes disability insurance, health insurance insurance, and Social Security benefits. Hiring an experienced asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or other asbestos-related illness. A lawyer is able to help individuals decide which claim is best for them and then help them file the appropriate documentation. An experienced mesothelioma lawyer will assist people suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.