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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 have to be filed. Asbestos lawsuits may be filed by victims who are living or their families. If a plaintiff dies, their estate representative can pursue the case as a lawsuit for wrongful death. Work History Asbestos sufferers must provide their lawyer with documents that clearly indicate the date they were exposed to asbestos, the nature of their job involved and the length of time. This will enable the lawyer to establish a direct connection between the asbestos exposure and the victim's health condition. Without the correct evidence that an asbestos lawsuit has, it may not be able to proceed. Asbestos is most likely be found in industrial environments. However, this exposure also could occur in schools, churches or military bases, hospitals and private homes. Asbestos is present in fireproofing and insulation materials pipes, shingles and pipes. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma in people who are exposed to asbestos. Many of the companies who produced asbestos were aware of the dangers, but decided to keep this information from the public. This was a decision made in order to increase profits and safeguard the industry. The companies didn't begin to compensate those who developed mesothelioma or other ailments due to asbestos exposure until the first lawsuits were filed. A lawsuit against a company that manufactures asbestos is a complicated task. Because asbestos is no longer used, it can be difficult to identify the responsible parties. There are a variety of laws that can help victims determine the companies accountable for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act. Asbestos victims are usually compensated by asbestos trust funds. These are funds that are set up to help victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these cases 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 those who have died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of lawsuit seeks compensation for unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence. Testimonials If you've been diagnosed with mesothelioma or an asbestos-related disease, you can file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove the businesses that harmed you, including medical evidence of your diagnosis and asbestos product identification. A lot of lawsuits involve dozens of defendants, since it is common for plaintiffs to be exposed to different asbestos-related products throughout their career. A lawyer who specializes on mesothelioma cases will be able find the right defendants in your case even if they've gone 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 cases and helped resolve asbestos-related litigation that amounted to more than $2 billion. Law firms that specialized asbestos litigation would “bundle” clients to file lawsuits in mass. The aim was to overload the judicial system and make lawyers richer. According to the U.S. Department of Justice, this skewed litigation approach has hurt plaintiffs. It also has sucked up funds that could have been made accessible to people who develop more serious illnesses in the near future. The current compensation systems require that attorneys group claims based on the diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, in addition to the fact some states have enacted reforms in tort law, which have led to a stricter medical criterion and an inactive docket, have led to a decrease in number of new claims filed from 2004 to. You can also file wrongful death lawsuits for relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they knew (or should have had the knowledge) of the injury. In other states the statutes of limitation are different and include New Jersey and Pennsylvania requiring legal action within two years. Statute of Limitations A statute of limitations is a law that sets an expiration date for filing a legal claim. These deadlines differ by state. They usually are based on the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate the rules. Many people who have been exposed to asbestos are not aware of the existence of a condition for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related ailments. It is important that mesothelioma patients and their families file a lawsuit immediately due to the latency period. The statute of limitations differs from state to state, but generally 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 limitations are shorter than those for personal injury claims. Asbestos victims and their families should consider hiring mesothelioma lawyers as soon as possible. The lawyer will be able to evaluate all potential sources of compensation and give suggestions on how, where and when to file. Additionally, an experienced mesothelioma lawyer can help if the statute of limitations has already expired. Mesothelioma lawyers may suggest alternatives to obtain compensation even if 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 state where the statute has not expired. If the patient is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed as having another related illness, such as asbestosis or lung cancer. Some states have “discovery” statutes, which have the same effect as a standard statute of limitations, but begin at the time of the diagnosis, not the initial exposure. Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer will provide state-specific laws, as well as specific situations in which the statute of limitations could be suspended or tolled. Hire a Lawyer Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will work with other lawyers to ensure that your case receives the best possible result. Asbestos cases are very different from other personal injury claims. The main reason is that the exposure to asbestos occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or are out of business. Many workers who were exposed to asbestos do not remember where they worked and it may be difficult to identify the exact locations they could have been in. This is why a seasoned attorney is critical because they can use the resources at his disposal to discover the names of the businesses that were harmed and the dates when they worked at. Once the asbestos lawyer has an understanding of the place the person was exposed and what they did there and what they did, he or she can then get medical experts to examine the evidence and write reports on how exposure to asbestos caused mesothelioma. Akron asbestos lawyers is essential that the asbestos lawyer is able to establish the causation part of the case, as without it, the victim may not be eligible for compensation. A mesothelioma lawyer will also be able to collect the information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's employment and asbestos-related injuries medical records, testimonials from other victims and much more. A mesothelioma attorney should also be aware of the different kinds of financial aid available to victims and family members. This includes disability insurance, health insurance insurance and Social Security benefits. Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. A lawyer is capable of helping patients determine which type of claim is the best for them and help them file the appropriate paperwork. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.