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How to File an Asbestos Claim An asbestos claim is a legal action against companies 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 those who are alive or their families. When a plaintiff passes away, their estate representative can pursue the case as a lawsuit for wrongful death. Work History Asbestos-related victims have to give their lawyer's documents that clearly specify when they were exposed to asbestos, the nature of their work and the time for exposure. This information will allow the lawyer to establish a direct link between asbestos exposure and the victim’s illness. Without the right evidence, an asbestos lawsuit may not be able to progress. Asbestos is more likely to be discovered in industrial settings. It can also happen in churches and schools as well as hospitals, bases of military and private residences. Asbestos is found in insulation, fireproofing materials, pipes and shingles. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos. Many of the companies who produced asbestos knew of its dangers, but decided to keep this information quiet. This was a decision made in order to increase profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that these companies began to compensate people who contracted mesothelioma or other illnesses caused by exposure. A lawsuit against an asbestos firm is a complicated process. Because asbestos is no longer used, it can be difficult to determine who is responsible. There are a number of laws that can assist victims determine the companies accountable 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, the Safe Drinking Water Act and the Resource Conservation and Recovery Act. Asbestos trust funds are usually responsible for compensating asbestos victims. These funds were set up to help victims receive compensation if the companies responsible for their exposure have gone into bankruptcy. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds and ensure the maximum compensation. The cases of wrongful death are filed by relatives of those who have died from mesothelioma, or another asbestos-related disease. This type of claim seeks compensation for unreimbursed funeral expenses, medical costs and loss of income of the deceased. These lawsuits also seek to hold responsible asbestos companies accountable for their negligence. Testimonials You can sue the companies who put you at risk if you're diagnosed with mesothelioma or another asbestos-related condition. Your legal team will gather proof to prove that the businesses harmed you. This includes medical evidence of your diagnosis as well as asbestos product identification. Because it is commonplace for plaintiffs have been exposed different asbestos products throughout their lives Many lawsuits have multiple defendants. A lawyer that specializes in mesothelioma cases will be able to locate the right defendants for your case even if they've gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have 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. Alhambra asbestos lawsuits has also helped resolve over $2 billion in asbestos litigation. Law firms that specialized asbestos litigation would “bundle” clients to file lawsuits in mass. The aim was to overload the legal system and benefit lawyers. According to the U.S. Department of Justice this skewed approach to litigation has hurt plaintiffs. This has also drained funds that could have been made accessible to people who develop more serious illnesses in the future. The current compensation systems require that attorneys classify claims based on diagnosis. This has resulted in the reduction of mesothelioma claims being filed. These changes, along with the fact that certain states have passed reforms to tort law, which have led to the use of a more strict medical criterion and an inactive docket, have led to a decrease in the number of new claims that were filed from 2004 to 2006. In addition to mesothelioma cases you can also make claims for wrongful death for family members who lost loved ones because of asbestos exposure. New York law allows families to bring an action 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 establishes a time limit for filing an action in court. These deadlines vary by state. They are usually dependent on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. There are a variety of factors that could make it difficult to determine the correct rules. Many people exposed to asbestos do not realize they have been diagnosed with a condition until years after their initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. Due to the latency period, it is important for mesothelioma patients and their families to make a claim as soon as possible. The time limit for a statute of limitations differs in each state, but they generally start with the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, wrongful death statutes of limitations are shorter than personal injury ones. Asbestos patients and their families should consult mesothelioma lawyers immediately. The lawyer can review all possible sources of compensation for a client and advise on the best time, place and the best way to file. A mesothelioma lawyer may assist if the statute is expired. Lawyers for mesothelioma have the ability to suggest ways to get compensation even if the statute of limitations has expired. This includes trust fund claims and other sources of financial aid. They may be able file the claim in a place in which the statute of limitations has not expired. If the victim is not diagnosed with mesothelioma the statute of limitations begins when they are diagnosed as having an associated condition, such as asbestosis or lung cancer. Certain states have “discovery statutes” that use the same rules as the statutes of limitations that are used in traditional cases, but start with the date of diagnosis instead of exposure. Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A mesothelioma attorney can explain the law of the state, as well as situations in which a statute of limitation may be tolled or suspend. Hire a Lawyer Asbestos lawyers know how to navigate through the complicated asbestos litigation. They will work with other lawyers to ensure that your case is given the best possible result. Asbestos cases are very different from other personal injury cases. The exposure to asbestos took place years ago, and a lot of those companies have been shut down or have filed for bankruptcy. The majority of the workers who were exposed do not even remember where they worked, and it is difficult for them to determine the places where they might have been exposed. A knowledgeable attorney can assist you with this as he/she will be able use the resources available to him/her to find out what companies were exposed and the time they worked for them. Once the asbestos lawyer has an understanding of the place the individual was exposed to asbestos and what they did and what they did, he or she can then engage medical experts to review the evidence and write reports about how the exposure to asbestos led to mesothelioma. It is crucial that the asbestos lawyer is able establish the causation aspect of the case, as without it, the victim may not be eligible for compensation. A mesothelioma lawyer will also be able gather the information required to bring a lawsuit against asbestos and trust fund claims for the victim. This includes gathering information about the victim's job, asbestos-related injuries, medical records, testimonies from other victims and more. A mesothelioma attorney should also be familiar with the various types of financial aid that are available to victims and their family members. This includes benefits from health insurance, disability insurance, and Social Security benefits. Engaging an experienced asbestos lawyer is essential for anyone diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer is in a position to assist patients determine which type of claim is best for them and help to file the proper documentation. An attorney for mesothelioma can assist people suffering from other asbestos-related diseases file for compensation. This includes trust funds and VA claims.