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How to File an Asbestos Claim An asbestos claim is a legal action against companies that exposed a person to asbestos. Lawsuits must be filed within a specific time period known as the statute of limitations. Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff passes away and their estate representative is appointed, they can continue the case under the wrongful death. Work History Asbestos sufferers must give their lawyer documents that clearly indicate the date they were exposed to asbestos, their job entailed and for how long. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s disease. A lawsuit involving asbestos may not be successful if the evidence is not there. Asbestos is most likely be discovered in industrial settings. It can also happen in schools and churches, hospitals, bases of military, as well as private residences. Asbestos is found in pipes, shingles insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma for those who are exposed to asbestos. Many companies that made asbestos were aware of the dangers however they decided to not speak about it. This decision was made to protect the industry and increase profits. It wasn't until the first asbestos lawsuits were filed that these companies started to compensate people who were diagnosed with mesothelioma and the other diseases due to exposure to asbestos. A lawsuit against a company which manufactures asbestos is a complicated task. It is difficult to determine responsible parties because asbestos is no longer used. However, there are a variety of laws that assist victims in identifying the companies responsible for their 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 were established to help injured victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these cases an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds and get you the maximum compensation possible. Wrongful death cases are filed by relatives of those who have died due to mesothelioma or another asbestos-related disease. This type of claim seeks compensation for unreimbursed medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies accountable for their negligence. Testimonials You can sue companies who put you at risk if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will collect evidence to show that the businesses harmed you. This includes medical proof of your diagnosis and asbestos product identification. Since it is commonplace that plaintiffs have been exposed to various asbestos-related products throughout their career, many lawsuits contain multiple defendants. A lawyer that specializes in mesothelioma cases can find the right defendants for your case even if they've been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos litigation worth over $2 billion. In Albuquerque asbestos lawyer , law firms that were specialized in asbestos litigation would solicit clients and then “bundle” them together into groups to file lawsuits in large quantities. The goal was to overwhelm the judicial system and enrich the lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It has also depleted funds which could have been provided to people who are likely to develop more serious illnesses in the future. The current compensation system demands that attorneys group claims according to diagnosis. This has led to an increase in mesothelioma lawsuits being filed. This is in addition to the fact that some states have enacted tort reforms that resulted in more stringent medical criteria and an inactive docket, these changes have contributed to a decrease in new claim filings between 2004 and 2006. You can also file wrongful death lawsuits for family members of a deceased loved one who died as a result of asbestos exposure. New York law allows families to file lawsuits within three years of the time they were aware (or should have known) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action. Statute of limitations A statute of limitation is a law which sets a deadline for filing a claim. These deadlines differ by state. They usually are dependent on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are a variety of factors that can complicate the rules. Many people who have been exposed to asbestos do not realize that they have a disease for decades after the initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Because of the latency period it is crucial for mesothelioma sufferers and their families to start a lawsuit as soon as they can. The time limit for a statute of limitations varies from state to state however, in the majority of cases, it starts with the date of diagnosis. Some states have different statutes for personal injury and wrongful death 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 review all the possible sources of compensation for a client and advise on the best time, place and the best way to file. A knowledgeable mesothelioma lawyer can assist in the event that the statute of limitations has already expired. Mesothelioma lawyers can recommend options for obtaining compensation even if the statute of limitations has expired 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 an associated condition, such as asbestosis or lung cancer. Some states have “discovery statutes” which apply the same as traditional statutes of limitations however they begin with the date of diagnosis, not exposure. Mesothelioma attorneys should always discuss the statute of limitations with clients and their loved relatives. A mesothelioma attorney can explain state law as well as the circumstances where a statute of limitation may be suspended or tolled. Employ a lawyer Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible result. Asbestos claims are different from other personal injury cases. The main reason is that the exposure to asbestos occurred years ago, and a lot of the companies exposed have either declared bankruptcy or have gone out of business. Many of the workers who were exposed to asbestos do not remember where they worked and it is difficult for them identify the exact locations they could have been in. This is why an experienced attorney is critical because they can use the resources at his or his disposal to discover the names of the companies which were exposed as well as the dates they worked for them. After the asbestos lawyer has an understanding of the location to which the person was exposed and what they did in the area, he or she will then call in medical experts to review the evidence and create reports on how exposure to asbestos triggered mesothelioma. It is crucial that the asbestos lawyer can establish 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 required information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment as well as asbestos-related injuries medical records, testimony from other victims, and more. A mesothelioma lawyer must also be knowledgeable about the various types of financial aid that are available to victims and their 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 should consult an asbestos lawyer. An attorney can help determine what kind of claim they need to make and help them fill out the forms. A mesothelioma lawyer can assist people suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.