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How to File an Asbestos Claim An asbestos claim is a legal action brought against businesses that exposed a person to asbestos. The lawsuit must be filed within a specific time period called the statute of limitations. Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies and their estate representative is appointed, they may continue the case in a lawsuit for wrongful death. Work History Asbestos victims need to submit to their lawyer documents that clearly specify the date they were exposed to asbestos, their job involved and for how long. This will enable the lawyer to establish a direct connection between the asbestos exposure and the victim’s disease. Without the proper evidence that an asbestos lawsuit has, it may not be able to proceed. Asbestos is most likely to be discovered in industrial environments. However, this exposure also can occur in churches, schools, hospitals, military bases and private homes. Asbestos is found in fireproofing, insulation pipes, shingles, and pipes. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma for those who are exposed to asbestos. Many of the companies that produced asbestos were aware of the dangers but chose to keep the information secret. This decision was made to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that these companies began to pay compensation to those who developed mesothelioma and other diseases caused by exposure. A lawsuit against an asbestos company can be a difficult task. It is difficult to determine responsible parties because asbestos is no longer used. There are many laws that can help victims find the companies responsible for their asbestos exposure. These 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. Asbestos trust funds are generally accountable for the payment of asbestos victims. These are funds that are set up to help victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. In these cases, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds and get you the most compensation possible. Families of those who died from mesothelioma or another asbestos-related disease, can make wrongful death claims. Norman asbestos attorney of lawsuit seeks compensation for unreimbursed funeral costs, medical expenses and loss of income of the deceased. These lawsuits are also designed to hold responsible asbestos companies accountable for their wrongful conduct. Testimonials If you've been diagnosed with mesothelioma, or another asbestos-related illness, you can bring a lawsuit against the companies who put you in harm's way. Your legal team will collect evidence to show that the companies caused harm to you. This includes medical evidence of your diagnosis as well as asbestos product identification. Because it is commonplace for plaintiffs have been exposed to various asbestos-related products throughout their lives, many lawsuits contain multiple defendants. A lawyer that specializes in mesothelioma cases will to identify the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped settle more than $2 billion in asbestos litigation. Firms that were specialized in asbestos litigation would “bundle” clients to file lawsuits in bulk. The aim was to overload the judiciary and enrich the lawyers. This unbalanced approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also has drained funds that could have been available to individuals who are expected to contract more serious illnesses in the near future. The current compensation system requires attorneys group claims based on the diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. These changes, along with the fact that some states have implemented reforms to tort law that have resulted a stricter medical criterion and an inactive docket have contributed to a decrease in the number of new claims filed from 2004 to. In addition to mesothelioma claims you can also make claims for wrongful death for family members who lost loved ones due to asbestos exposure. New York law allows families to start lawsuits within three years of the time they were aware (or were aware) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action. Statute of limitations A statute of limitations is a law that sets a time limit for filing an action in court. The deadlines vary by state. The deadlines are typically 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 make it difficult to follow the rules. Many people who have been exposed to asbestos do not realize that they are suffering from a disease for decades after the initial exposure. This is due the mesothelioma latency period and other asbestos-related illnesses. It is essential that mesothelioma patients as well as their families file a lawsuit right away due to the latency period. The statute of limitations differs from state to state but generally starts with the date of diagnosis. There are some states that have different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitations are shorter than those for personal injury claims. Asbestos victims and their families should think about hiring a mesothelioma lawyer as early as is possible. The lawyer can review all potential sources of compensation and offer suggestions on the best way, where and when to file. A mesothelioma lawyer may assist in cases where the statute is expired. Lawyers for mesothelioma have the ability to suggest options to obtain compensation even if the statute of limitations has run out. These include trust fund claims as well as other sources of financial assistance. They may be able file the claim in a place in which the statute of limitations has not expired. If the person is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed with a related condition such as lung cancer or asbestosis. Certain states have “discovery” statutes, which follow the same rules as a standard statute of limitations, but begin from the date of the diagnosis instead of the first exposure. Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will explain the laws of the state as well as specific circumstances where the statute of limitations can be extended or suspended. Hire a Lawyer Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will work with other lawyers to ensure that your case is given the best possible outcome. Asbestos claims are different from other personal injury cases. The main reason is because asbestos exposure occurred decades ago and many of the companies that were exposed have either filed for bankruptcy or have gone out of business. Many workers who were exposed to asbestos don't remember the places they worked in and it is difficult for them identify the places they might have worked in. A knowledgeable attorney can assist you with this because he/she can use the resources available to him/her to find out what companies were affected and when they worked there. Once the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he is able to engage medical experts to examine and report regarding the cause of mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation aspect of the case because without it, the victim might not qualify for compensation. A mesothelioma lawyer will also be able to collect the information needed to file a lawsuit against asbestos and trust fund claims for the victim. This includes gathering information about the victim's work and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma lawyer must be familiar with the various kinds of financial aid that are available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits. Anyone diagnosed with mesothelioma or any other asbestos-related illness, should hire an asbestos lawyer. A lawyer can help people determine the kind of claim they should submit and assist in filling out the forms. An experienced mesothelioma lawyer will also help people with other asbestos-related illnesses file for compensation, including trust fund and VA claims.