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How to File an Asbestos Claim A legal action is taken against companies who exposed a person to asbestos. The lawsuit must be filed within a specified time frame known as 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 under wrongful death. Work History Asbestos-related victims must give their lawyer's documents that clearly specify the date they were exposed to asbestos, their job description and the time for exposure. This information will assist the lawyer establish a direct connection between that exposure and the illness of the victim. A lawsuit that involves asbestos may not be successful if the evidence is not there. Asbestos is more likely to be found in industrial environments. However, asbestos exposure can occur in schools, churches, military bases, hospitals and in private homes. Asbestos is found in fireproofing, insulation, pipes and shingles. Asbestos fibers can cause respiratory problems and other diseases like mesothelioma in people who are exposed to the material. Many companies that made asbestos were aware of its dangers, but chose to remain silent about the dangers. 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 those who contracted mesothelioma or other ailments due to exposure. A lawsuit against a company that produces asbestos can be a complicated process. It can be difficult to identify the parties responsible since asbestos is no longer used. There are a number of laws that can assist victims determine the companies accountable for their asbestos exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and the Safe Drinking Water Act and the Resource Conservation and Recovery Act. Trust funds for asbestos are typically accountable for the payment of asbestos victims. These trust funds are established to help injured victims get compensation when the companies which exposed them have gone bankrupt. In these instances, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and get you the most amount of compensation you can get. Families of people who died from mesothelioma, or another asbestos-related illness, may file wrongful death cases. This type of claim seeks damages for the unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also seek to hold asbestos companies responsible for their negligence. Testimonials If you've been diagnosed with mesothelioma, or another asbestos-related disease, you can file a lawsuit against the companies who put you in danger. Your legal team will collect evidence to prove that the companies that caused harm to you, which includes medical proof of your diagnosis and asbestos product identification. As it is common that plaintiffs have been exposed different asbestos products throughout their careers A lot of lawsuits have multiple defendants. A lawyer who specializes in mesothelioma cases can help you find the appropriate defendants for your case even if these businesses have declared bankruptcy. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos litigation worth over $2 billion. In the past lawyers who were specialized in asbestos litigation would seek clients and then “bundle” them into groups to file lawsuits in large quantities. The goal was to overwhelm the judicial system and make lawyers richer. This unbalanced approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. The result is that funds are being drained that could have been made available for individuals who will develop more serious illnesses in the future. The current compensation system requires attorneys group claims based on diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. This is in addition to the fact that some states have enacted tort reforms that have resulted in stricter medical criteria and an inactive docket these changes have contributed to the reduced levels of new claims being filed between 2004 and 2006. In addition to mesothelioma claims you can also claim wrongful death compensation for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they knew (or should have been aware) of the injury. In other states the statutes of limitations are different in New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitations is a law that sets a deadline for filing an claim. The deadlines for filing a claim vary from state to state. These deadlines usually are dependent on the date that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are many factors that could make it difficult to determine the correct rules. Many people who have been exposed to asbestos are not aware that they are suffering from a disease for decades after the initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. It is essential that mesothelioma patients as well as their families file a lawsuit as soon as possible due to the latency period. The time limit for a statute of limitations differs according to state, but the majority start from the date of diagnosis. There are states that have different statutes of limitations for wrongful death cases 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 is possible. The lawyer will review all possible sources of compensation for clients and provide advice on where, when and the best way to file. A mesothelioma lawyer can assist if the statute of limitations has expired. Mesothelioma lawyers may suggest alternatives to obtain compensation even in the event that the statute of limitations has run out for trust fund claims or other sources of financial assistance. They might be able to file the claim in a state where the statute has not expired. If the victim has not been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have “discovery statutes” that use the same rules as traditional statutes of limitations but begin at the time of diagnosis, not exposure. Broken Arrow asbestos lawsuits should always be able to discuss the statute of limitations with their clients and loved ones. A mesothelioma attorney can explain the law of the state as well as the circumstances where a statute of limitation may be tolled or suspend. Employ a lawyer Asbestos lawyers are able to navigate the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome. Asbestos cases are very different from other personal injury claims. The main reason is that asbestos exposure occurred years ago, and a lot of the companies exposed have either filed for 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 to identify the locations they may have been in. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to to find out what companies were affected and when they worked at the place. Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he can get medical experts to review and prepare reports on the cause of mesothelioma. It is crucial that the asbestos lawyer can establish the causation part of the case, as without it, the victim might not be eligible for compensation. A mesothelioma lawyer will also be able to gather the necessary information that is required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's job and asbestos-related injuries, medical records, testimonies from other victims and much more. In addition, a mesothelioma lawyer should be familiar with all of the different types of financial assistance that are available to victims and their families. This includes health insurance benefits as well as disability insurance. Social Security benefits. Engaging an expert asbestos lawyer is essential for anyone diagnosed with mesothelioma, or other asbestos-related illness. A lawyer can help people decide on the type of claim they should submit and assist them in filling the necessary paperwork. An attorney for mesothelioma can assist people suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.