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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. Lawsuits must be filed within a specified time period known as the statute of limitations. Asbestos lawsuits can be filed by victims who are still alive or their families. If a plaintiff dies and their estate representative is appointed, they may continue the case in a lawsuit for wrongful death. Work History Asbestos-related victims need to provide their lawyer's papers that clearly state the date they were exposed to asbestos, their job description and the time for exposure. This information will assist the lawyer establish a direct link between that exposure and the illness of the victim. Without the right evidence, an asbestos lawsuit may not be able to proceed. Those who work in an industrial environment are most likely to be exposed to asbestos. However, this exposure also is common in schools, churches or military bases, hospitals and private homes. Asbestos can be present in shingles, pipes insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma for those who are exposed to the material. Many of the companies that manufactured asbestos were aware of the dangers but chose to keep the information secret. This was done in order to ensure the safety of the industry and to increase profits. The companies did not begin to compensate those who developed mesothelioma or other illnesses because of asbestos exposure until the first lawsuits were filed. A lawsuit against an asbestos-related company is a complex task. It can be difficult to identify responsible parties because asbestos is no more used. There are a variety of laws that can help victims identify the companies responsible for their exposure to asbestos. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples. Asbestos victims are usually compensated by asbestos trust funds. These trust funds are established to assist victims of asbestos get compensation when the companies which exposed them have gone into bankruptcy. In these instances an experienced attorney who specializes in asbestos litigation will know how to negotiate with these funds and get you the maximum amount of compensation that is possible. Families of those who have died from mesothelioma, or another asbestos-related illness, can bring wrongful death lawsuits. This type of claim seeks to recover the unpaid funeral costs, medical expenses and loss of income of the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence. Testimonials You can sue the companies that put you at risk if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to prove that the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. Because it is commonplace for plaintiffs have been exposed to various asbestos-related products throughout their careers, many lawsuits involve multiple defendants. A lawyer who specializes in mesothelioma claims can help you find the most suitable defendants for your case even if the companies have been declared 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 of mesothelioma lawsuits and has helped resolve asbestos-related litigation that amounted to more than $2 billion. In the past, law firms that specialize in asbestos litigation would seek clients and then “bundle” them together into groups to file lawsuits in bulk. The idea was to overburden the legal system and benefit lawyers. According to the U.S. Department of Justice, this skewed litigation approach has harmed plaintiffs. 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 systems in place require that attorneys group claims based on diagnosis. This has led to an increase in the number of mesothelioma lawsuits. These changes, as well as the fact that some states have enacted reforms in tort law that have led to a stricter medical criterion and an inactive docket have led to a decrease in the number of new claims filed between 2004 to. You can also make wrongful death lawsuits on behalf of family members of a deceased loved one who died from asbestos exposure. New York state laws allow families to take legal action within three years of the date they knew (or should have had the knowledge) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years. Statute of Limitations A statute of limitations is a law that establishes the deadline for filing an action in court. These deadlines vary by state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or 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 are suffering from a disease for a long time following the initial exposure. Naperville asbestos attorney is due the mesothelioma's latency time, and other asbestos-related illnesses. It is important that mesothelioma sufferers and their families file a lawsuit right away due to the latency period. The statute of limitations differs from state to state but in most cases it begins with the date of diagnosis. There are some states with different statutes of limitations for wrongful death cases versus personal injury claims. In general, the statutes of limitations are shorter than personal injury ones. Asbestos patients and their families should hire mesothelioma lawyers as soon as they can. The lawyer can review the various options for compensation and give suggestions on how, where and when to file. Additionally, an experienced mesothelioma lawyer can help in the event that the statute of limitations has already expired. Mesothelioma lawyers may suggest alternatives to obtain compensation even in the event that the statute of limitations has passed, such as trust fund claims or other sources of financial assistance. They might also be capable of filing the claim in a different state where the statute of limitations has not yet expired. If the patient has not been diagnosed with mesothelioma, their statute of limitations starts when they are diagnosed with a related condition like asbestosis or lung cancer. Certain states have “discovery statutes” which apply the same as the statutes of limitations that are used in traditional cases however they begin with the date of diagnosis instead of exposure. Mesothelioma lawyers should always discuss limitations statutes with clients and their loved relatives. A mesothelioma lawyer can explain the state law and also the situations in which a statute of limitation may be tolled or suspend. Employ a lawyer Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will work with other attorneys to ensure your case has the best possible outcome. Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos was years ago, and a lot of those companies have gone out of business or declared bankruptcy. The majority of the workers who were exposed to asbestos don't even remember where they worked and it's difficult for them to identify the places where they might have been exposed. This is why an experienced attorney is essential because they will be able to use the resources available to him or her disposal to find out the names of the businesses which were exposed as well as the dates when they worked for them. Once the asbestos lawyer has an understanding of the location to which the person was exposed and what they did in the area the lawyer can then engage medical experts to examine the evidence and write reports on how exposure to asbestos led to the mesothelioma. It is essential that the asbestos lawyer is able to establish the causation component of the case as without it, the victim could not be able to claim compensation. A mesothelioma lawyer can be able to gather 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, asbestos-related injuries, medical records, testimonies from other victims and more. 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 and Social Security benefits. Hiring an expert asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or another asbestos-related illness. A lawyer can be able to help individuals decide which claim is best for them and then help them complete the appropriate documents. A mesothelioma attorney can also help those with other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.