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How to File an Asbestos Claim An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. Lawsuits must be filed within a specific time frame called the statute of limitations. Asbestos lawsuits can be brought by victims who are living or their families. When a plaintiff passes away and their estate representative is appointed, they can continue the case in the event of the doctrine of wrongful death. Work History Asbestos sufferers must give their lawyer documents that clearly specify the date of their exposure to asbestos, the nature of their job was and the length of time. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim's disease. Without the correct evidence an asbestos lawsuit might not be able to proceed. Those who work in an industrial environment are more likely to be exposed to asbestos. However, exposure to asbestos is common in schools, churches and hospitals, military bases and private homes. Asbestos is found in fireproofing and insulation materials pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma for those who are exposed to the material. Many of the companies that produced asbestos knew of its dangers but chose to keep this information quiet. This was done in order to protect the industry and increase profits. The companies didn't begin to compensate people who contracted mesothelioma and other ailments because of asbestos exposure until the first lawsuits were filed. A lawsuit against an asbestos-related company is a complex task. Because asbestos is no longer in use it can be difficult to determine who is responsible. There are a number of laws that help victims determine the companies accountable 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 just a few examples. Asbestos trust funds are usually responsible for compensating asbestos victims. These funds are set up to help injured victims get compensation when the companies which exposed them have gone into bankruptcy. In these instances, an experienced attorney specializing in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of amount of compensation you can get. Wrongful death cases are filed by the relatives of those who died due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks to recover the unpaid funeral costs, medical expenses and loss of income for the deceased. These lawsuits are also designed to hold the responsible asbestos companies accountable for their wrongful conduct. Testimonials If you've been diagnosed with mesothelioma or another asbestos-related disease, you can make a claim against the companies that put you in danger. Your legal team will gather evidence to prove that the companies that harmed you, including medical evidence of your diagnosis and asbestos product identification. As it is common that plaintiffs have had exposure to various asbestos-related products throughout their lives Many lawsuits involve multiple defendants. Apple Valley asbestos attorneys with a specialization in mesothelioma claims will be able to 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 since more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos litigation worth over $2 billion. In the past law firms that were specialized in asbestos litigation would solicit 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. According to the U.S. Department of Justice, this skewed litigation approach has hurt plaintiffs. It also drained funds which could have been provided to those who are likely to develop more serious diseases in the future. The current compensation systems require that attorneys classify claims based on diagnosis. This has resulted in a decreased number of mesothelioma claims being filed. These changes, as well as the fact some states have implemented reforms to tort law that have led to 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 bring wrongful death lawsuits on behalf relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to take legal action within three years of the date they were aware (or should have had the knowledge) of the injury. In other states the statutes of limitations differ and include New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitations is a law that establishes an expiration date for filing an action in court. These deadlines vary from state to state. The deadlines are typically based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate these rules. Many people who have been exposed to asbestos don't realize they've been diagnosed with a disease until decades after their first exposure. This is due to the mesothelioma latency period and other asbestos-related ailments. Due to the time of latency it is essential for mesothelioma patients and their families to make a claim as soon as possible. The statute of limitations varies by state, but most start with the date of diagnosis. Some states have different statutes for personal injury cases and wrongful-death claims. In general, wrongful death statutes of limitations are shorter than personal injury ones. Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as possible. The lawyer can review the various options for compensation and offer guidance on how, where and when to file. Additionally, an experienced mesothelioma lawyer can assist if the statute of limitations has already expired. Mesothelioma lawyers can suggest options for obtaining compensation even in the event that the statute of limitations has expired, such as trust fund claims or other sources of financial assistance. They may also be in a position to file the claim in another jurisdiction where the statute of limitations has not yet expired. If the patient is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with an associated condition, such as lung cancer or asbestosis. Certain states have “discovery statutes” that use the same rules as the statutes of limitations that are used in traditional cases but begin with the date of diagnosis instead of exposure. Mesothelioma attorneys should always discuss the statute of limitations with clients and their loved family members. A mesothelioma attorney can explain state law, as well as situations where a statute of limitation may be suspended or tolled. Hire a lawyer Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome. Asbestos cases are different from other personal injury cases. The asbestos exposure took place decades ago, and many of the companies affected have been closed or filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember where they worked and it is difficult to identify the places they might have been in. An experienced attorney can help you with this as he/she can use the tools available for determining which companies were affected and when they worked there. When the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he is able to engage medical experts to examine and write reports on the causes of mesothelioma. It is crucial that the asbestos attorney can determine the causation aspect of the case as without it, the victim may not be eligible for compensation. A mesothelioma attorney will also be able to gather the data needed to bring a lawsuit against asbestos and a trust fund claim for the victim. This includes gathering information on the victim's job as well as asbestos-related injuries, and medical records. Additionally, they can gather testimonies of other victims. A mesothelioma lawyer should be aware of the different kinds of financial aid available to victims and family members. This includes disability insurance, health insurance insurance, and Social Security benefits. Hiring an expert asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer is capable of helping patients determine which type of claim is appropriate for them and help them file the appropriate paperwork. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.