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How to File an Asbestos Claim Legal action is taken against companies who exposed a person or a company to asbestos. The statute of limitations is a time limit within which lawsuits must be filed. 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 may continue the case in a lawsuit for wrongful deaths. Work History Asbestos sufferers must provide their lawyer with documents that clearly state the date they were exposed to asbestos, the nature of their job entailed and for how long. This information will allow the lawyer to establish a direct connection between exposure to asbestos and the patient's condition. Without the correct evidence that an asbestos lawsuit has, it may not be able to move forward. Asbestos is most likely be found in industrial settings. It can also happen in schools and churches, hospitals, bases of military, and private homes. Asbestos is found in insulation, fireproofing materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos. Many companies that made asbestos were aware of the dangers however they decided to remain silent about the dangers. This was a decision taken in order to increase profits and protect the industry. It wasn't until first asbestos lawsuits were filed that the companies began to pay compensation to those who were diagnosed with mesothelioma and the other ailments due to exposure. A lawsuit against a business which manufactures asbestos is a complicated task. Because asbestos is no longer in use it can be a challenge to identify the responsible parties. There are however many 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 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. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds to ensure the most compensation. These cases are filed by relatives of those who died from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks damages for the unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies accountable 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 collect evidence to prove that the businesses harmed you. This includes medical proof of your diagnoses and asbestos product identification. As it is common that plaintiffs have had exposure to different asbestos products throughout their lives A lot of lawsuits contain multiple defendants. A lawyer who is specialized in mesothelioma claims will be able to find the appropriate defendants for your case even if these businesses have been declared bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. El Paso asbestos lawsuit , the chairman of the firm, has been involved in hundreds of mesothelioma cases and helped settle more than $2 billion in asbestos litigation. In the past law firms that specialize in asbestos litigation would seek clients and then “bundle” them into groups to file lawsuits in bulk. The goal was to overwhelm the judicial system and to enrich the lawyers. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It also drained funds that could have been available to individuals who are expected to develop more serious diseases in the near future. The current compensation system demands that attorneys group claims according to diagnosis. This has resulted in the reduction of mesothelioma cases being filed. These changes, in addition to the fact that some states have implemented reforms to tort law that have resulted in a stricter medical criterion as well as an inactive docket have contributed to a decrease in number of new claims filed from 2004 to. You can also file wrongful death lawsuits for family members of a deceased loved one who died due to asbestos exposure. New York law allows families to start lawsuits within three years from the time they became aware (or were aware) of an injury. In other states the statutes of limitation differ, with 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. These deadlines vary from state to state. These deadlines usually are dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are many factors that can complicate the rules. Many asbestos-related exposure victims do not realize they have been diagnosed with a condition until years after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. It is crucial that mesothelioma patients and their families file a lawsuit immediately due to the latency period. The time limit for a statute of limitations differs by state, but most begin from the date of diagnosis. There are some states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, the statutes of limitation are shorter than personal injury ones. Asbestos victims and their families should consider hiring mesothelioma attorneys as early as is possible. The lawyer can review all of the potential sources of compensation for a client and provide advice on the best time, place and how to file. A mesothelioma lawyer can assist in cases where the statute of limitations has expired. Lawyers for mesothelioma have the ability to suggest ways to get compensation even if the statute has run out. These include trust fund claims as well as other sources of financial aid. They might be able to file the claim in a place where the statute has not expired. If the patient is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed as having a related condition like lung cancer or asbestosis. Some states have “discovery statutes” which apply the same as the statutes of limitations that are used in traditional cases however they begin at the date of diagnosis, not the date of exposure. Mesothelioma lawyers should always discuss limitations statutes with their clients and their loved relatives. A mesothelioma attorney can explain the law of the state, as well as situations in which the statute of limitations could be tolled or suspend. Hire a Lawyer Asbestos lawyers are able to navigate through the complex asbestos litigation. They will work with other lawyers to ensure that your case gets the best possible result. Asbestos claims differ from other personal injury cases. The asbestos exposure occurred years ago, and a lot of the companies affected have been shut down or have filed for bankruptcy. Many times, those who were exposed to asbestos don't even remember where they worked and it's difficult to pinpoint the places where they might have been exposed. This is why a seasoned attorney is critical because they will be able to use the resources at his disposal to discover the names of the companies that were harmed and the dates that they worked at. Once the asbestos lawyer has a better understanding of where the person was exposed and what they did in the area, he or she can then get medical experts to review the evidence and prepare reports on how exposure to asbestos led to the mesothelioma. It is crucial that the asbestos lawyer can determine the causation aspect of the case as without it, the victim may not be eligible for compensation. A mesothelioma lawyer will also be able to collect the information needed to file a lawsuit against asbestos and an appeal to a trust fund for the victim. This includes obtaining information about the victim's job and asbestos-related injuries, medical records, testimonies from other victims, and more. A mesothelioma lawyer should be familiar with the various kinds of financial aid that are available to victims and their family members. This includes benefits from health insurance, disability insurance, and Social Security benefits. Anyone diagnosed with mesothelioma, or any other asbestos-related condition should consult an asbestos lawyer. A lawyer will be in a position to assist patients decide which claim is best for them, and then assist them complete the appropriate documents. A mesothelioma attorney can also assist people suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.