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How to File an Asbestos Claim An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits have to 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 despite wrongful death. Work History Asbestos victims must submit to their lawyer documents that clearly state the date they were exposed to asbestos, what their job involved and for how long. This information will allow the lawyer to establish a direct link between the asbestos exposure and the victim's illness. Without the proper evidence an asbestos lawsuit might not be able to proceed. Asbestos is most likely to be discovered in industrial settings. However, this exposure also could occur in churches, schools, military bases, hospitals and private residences. Asbestos is present in fireproofing, insulation, pipes and shingles. Anyone who is exposed to these materials may inhale asbestos fibers and develop respiratory issues and diseases like mesothelioma. Many asbestos-producing companies were aware of its dangers however, they chose to keep it quiet. This decision was made to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that the companies began to pay compensation to those who developed mesothelioma and other ailments due to exposure to asbestos. A lawsuit against a company that manufactures asbestos is a complicated task. It can be difficult to identify the responsible parties since asbestos is no more in use. There are a number of laws that can help victims find the companies responsible for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as 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 set up to help victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. In these cases, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the most compensation possible. Families of those who have died from mesothelioma, or another asbestos-related illness, can file wrongful death cases. This type of claim seeks compensation for the 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 businesses who put you at risk if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will collect evidence to show that the companies caused harm to you. This includes medical proof of your diagnoses and asbestos product identification. Because it is commonplace for plaintiffs have been exposed to different asbestos products throughout their lives, many lawsuits involve multiple defendants. A lawyer who specializes in mesothelioma lawsuits will be able to find the most suitable 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-related litigation that amounted to more than $2 billion. Law firms that specialized asbestos litigation would “bundle” clients 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 litigation approach has been detrimental to plaintiffs. This has also drained funds that would have been available for individuals who will develop more serious illnesses in the future. The current compensation system requires that attorneys categorize claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. In addition, certain states have implemented tort reforms that resulted in stricter medical requirements and an inactive docket, these changes have contributed to the decrease in new claim filing activity between 2004 and 2006. You can also bring wrongful death lawsuits on behalf family members of a loved one who died who died as a result of asbestos exposure. New York law allows families to file an action within three years of the time they became aware (or were aware) of an injury. In other states the statutes of limitation are different, with New Jersey and Pennsylvania requiring 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 for filing a claim vary from state to state. The deadlines are typically determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are many factors that could make it difficult to determine the correct rules. Many people who have been exposed to asbestos are unaware that they are suffering from a disease for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. It is essential that mesothelioma patients as well as their families file a lawsuit right away due to the latency period. The statute of limitations differs between states, but generally starts with the date of diagnosis. Certain states have different statutes 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 think about hiring mesothelioma lawyers as soon as possible. The lawyer will be able to evaluate all potential sources of compensation and provide suggestions on the best way, where and when to file. A mesothelioma lawyer can also help if the statute has expired. Mesothelioma lawyers can suggest options for obtaining compensation even if the statute of limitations has passed, such as trust fund claims or other sources of financial assistance. They may also be in a position to file the claim in a different state where the statute of limitations has not yet expired. If the victim has not been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Baldwin Park asbestos lawsuit have “discovery” statutes that apply the same as a traditional statute of limitations but start with the date of 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 can provide state-specific laws as well as specific circumstances where the statute of limitations could be suspended or tolled. Employ a lawyer Asbestos attorneys know how to navigate the complex asbestos litigation. They will work with other lawyers to ensure that your case is given the best possible outcome. Asbestos cases are different from other personal injury claims. The main reason is because the exposure to asbestos occurred decades ago and many of the companies that were exposed have either declared bankruptcy or have gone out of business. The majority of the workers who were exposed don't even remember where they worked, and it is hard to pinpoint the places where they might have been exposed. This is why a seasoned attorney is essential because he or she can make use of the resources at his or his disposal to discover the names of the businesses that were exposed and the dates that they worked at. When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he will be able to engage medical experts to examine and write reports on the cause of mesothelioma. It is vital that the asbestos lawyer can establish the causation component of the case since without it, the victim could not be able to claim compensation. A mesothelioma lawyer will be able to collect the information needed to file a lawsuit against asbestos and trust fund claims for the victim. This includes obtaining information about the victim's work as well as asbestos-related injuries medical records, testimonials from other victims and much more. A mesothelioma attorney should also be familiar with the various types of financial aid available to victims and their family members. This includes health insurance benefits as well as disability insurance. Social Security benefits. Employing an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or any other asbestos-related disease. A lawyer is able to help individuals decide which claim is best for them, and then assist them complete the appropriate documentation. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.