How to File an Asbestos Claim A legal action is initiated against companies who exposed a person or company to asbestos. Lawsuits must be filed within a specific time frame called the statute of limitations. Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff passes away, their estate representative may continue the case in the event of the doctrine of wrongful death. Work History Asbestos victims must submit to their lawyer documents that clearly indicate the date of their exposure to asbestos, what their job was and the length of time. This information will allow the lawyer to establish a direct link between asbestos exposure and the victim’s illness. A lawsuit involving asbestos may not be successful if the evidence isn't there. Asbestos is most likely to be discovered in industrial settings. The exposure can also be found in churches and schools and hospitals, as well as bases of military, and private residences. Asbestos is present in fireproofing, insulation pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma among those who are exposed to this material. Many companies that made asbestos were aware of its dangers however they decided to keep it quiet. This was a decision made to boost profits and protect the industry. 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 ailments caused by exposure to asbestos. A lawsuit against an asbestos-related company is a complex task. It can be difficult to identify the parties responsible since asbestos is no longer used. However, there are a variety of laws that help victims find 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 trust funds are generally responsible for compensating asbestos victims. These are funds that are established to help injured victims receive compensation if the companies responsible for their exposure have gone under. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds and get the maximum amount of compensation. These cases are filed by the relatives of those who have passed away due to mesothelioma or an asbestos-related disease. This type of claim seeks to recover the unpaid medical costs, funeral expenses and loss of income for the deceased. These lawsuits also aim to hold asbestos companies responsible for their negligence. Testimonials You can sue the companies who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will collect evidence to prove the businesses who caused you harm, such as medical proof of diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to have been exposed to a variety of asbestos products throughout their careers. A lawyer who specializes on mesothelioma cases will be able find the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos litigation worth more than $2 billion. Law firms that specialized asbestos litigation would bundle clients together to file lawsuits in bulk. The aim was to overload the judicial system and make lawyers richer. This biased approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. The result is that funds are being drained that could have been made available to those who develop more serious illnesses in the near future. The current compensation systems in place require that attorneys group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, as well as the fact that certain states have passed reforms to tort law, which have led to in a stricter medical criterion as well as an inactive docket have led to a decrease in number of new claims filed from 2004 to. You can also make wrongful death lawsuits on behalf of family members of a deceased loved one who died as a result of asbestos exposure. New York state laws allow families to take legal action within three years of the date they knew (or should have known) of the injury. In other states the statutes of limitation differ and include New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitations is a law that sets the deadline for filing an action in court. The deadlines vary according to the state. These deadlines are usually determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are a variety of 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 after initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related diseases. Because of the latency period it is essential for mesothelioma victims and their families to start a lawsuit immediately if they are able to. Santa Rosa asbestos lawyers of limitation varies between states, but in most cases it begins with the date of diagnosis. Some states have different statutes for personal injury cases and wrongful-death claims. In general, wrongful death statutes of limitation are shorter than personal injury ones. Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as possible. The lawyer can review all possible sources of compensation for clients and provide advice on the best time, place and how to file. A mesothelioma lawyer may assist if the statute of limitations has expired. Lawyers for mesothelioma can suggest ways to get compensation, even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They might also be in a position to file the claim in another jurisdiction where the statute of limitations has not yet expired. If the person is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed with another related illness, like asbestosis or lung cancer. Some states have discovery statutes that apply the same as the statutes of limitations that are used in traditional cases however they begin at the date of diagnosis, not exposure. Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer can explain state law, as well as situations in which the statute of limitations can be suspended or tolled. Hire a Lawyer Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case gets the most favorable outcome. Asbestos cases are different from other personal injury claims. The exposure to asbestos was several decades ago, and a large number of the companies affected have gone out of business or declared bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked, and it can be difficult for them identify the locations they may have worked in. An experienced attorney can help you with this as he/she will be able use the resources available to him/her to find out what companies were exposed and the time they worked for them. Once the asbestos attorney has an understanding of the location to which the individual was exposed to asbestos and what they did there, he or she can then get medical experts to look over the evidence and write reports on how exposure to asbestos caused the mesothelioma. It is important that the asbestos lawyer is able to establish the causation aspect of the case, because without it the victim may not qualify for compensation. A mesothelioma lawyer will be able to gather the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's job as well as asbestos-related injuries medical records, testimony from other victims and much more. A mesothelioma lawyer must also be aware of the different types of financial aid that are available to patients and their family members. This includes benefits from health insurance as well as disability insurance. Social Security benefits. Anyone diagnosed with mesothelioma, or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer can assist patients determine the type of claim they should submit and assist them in filling the necessary paperwork. A mesothelioma attorney can also assist people suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.
Santa Rosa asbestos lawyers
