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How to File an Asbestos Claim Legal action is taken against companies who exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits must be filed. Asbestos lawsuits can be filed by those who are alive or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case in the event of the wrongful death. Work History Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, their job description and how long. Fishers asbestos lawyer will help the lawyer establish a direct link between that exposure and the illness of the victim. A lawsuit that involves asbestos may not be successful if evidence isn't there. Asbestos is more likely to be discovered in industrial environments. The exposure can also be found in churches and schools and hospitals, as well as bases of military, as well as private residences. Asbestos can be found in pipes, shingles insulation, fireproofing materials. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma in people who are exposed to asbestos. Many companies that produced asbestos were aware of its dangers, but chose to keep it quiet. This was a choice made in order to increase profits and safeguard the industry. The companies didn't begin to compensate those who were diagnosed with mesothelioma or other illnesses because of asbestos exposure until the first lawsuits were filed. A lawsuit against an asbestos-related firm is a complicated process. Since asbestos is no longer used, it can be difficult to identify the responsible parties. There are a number of laws that can help victims find 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 trust funds are usually accountable for the payment of asbestos victims. These trust funds are established to assist victims of asbestos get compensation when the companies who exposed them went bankrupt. A skilled attorney who specializes in asbestos litigation is able to negotiate these funds and get the maximum compensation. Families of people who died from mesothelioma, or an asbestos-related illness, can make wrongful death claims. This type of claim seeks to recover the unpaid funeral expenses, medical costs and loss of income for the deceased. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct. Testimonials You can sue the companies that put you at risk if you are diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will collect evidence to prove the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. As it is common that plaintiffs have had exposure to various asbestos-related products throughout their lives, many lawsuits contain multiple defendants. A lawyer who is specialized in mesothelioma cases will be able find the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases and helped resolve over $2 billion of asbestos litigation. In the past lawyers who specialized in asbestos litigation would solicit clients and then “bundle” them into groups to file lawsuits in large quantities. The goal was to overwhelm the judicial system and make lawyers richer. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has drained funds that could have been made available to people who are likely to contract more serious illnesses in the near future. The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in the reduction of mesothelioma claims being filed. In addition, some states have enacted tort reforms that resulted in stricter medical criteria and an inactive docket these changes have led to the decrease in new claim filing activity from 2004 to the year 2006. You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died from asbestos exposure. New York state laws allow families to file a legal claim within three years of when they became aware (or should have had the knowledge) of the injury. In other states the statutes of limitation are different, with New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitations is a law that sets a time limit for filing a legal claim. The deadlines vary according to the state. These deadlines are usually determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are several factors which 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 decades after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related ailments. It is essential that mesothelioma sufferers and their families file a lawsuit right away due to the latency period. The time limit for a statute of limitations varies from state to state, however, in the majority of cases, it starts with the date of diagnosis. There are states with different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful death statutes of limitation are shorter than personal injury ones. Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as is possible. The lawyer will be able to review all possible sources of compensation and provide advice on how, where and when to file. Additionally, a knowledgeable mesothelioma attorney can help when the statute of limitation has already expired. Lawyers for mesothelioma may suggest options to obtain compensation even if the statute of limitations has expired. These include trust fund claims and other sources of financial assistance. They may also be capable of filing the claim in a different jurisdiction where the statute of limitations hasn't yet expired. If the patient has not been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have “discovery” statutes that apply the same 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 loved ones. An attorney for mesothelioma can explain state law, as well as situations in which the statute of limitations can be tolled or suspend. Employ a lawyer Asbestos lawyers know how to navigate through the complexities of 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 reason for this is that asbestos exposure happened decades ago and many of the companies that were exposed have either declared bankruptcy or are out of business. Often, the workers who were exposed don't even remember where they worked and it is hard for them to identify the locations in which they could have been exposed. This is why an experienced attorney is essential because he or she can make use of the resources at his or his disposal to determine the name of the companies which were exposed as well as the dates they worked there. When the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he will be able to engage medical experts to examine and prepare reports on the causes of mesothelioma. It is crucial that the asbestos lawyer can determine the causation element of the case, as without it, the victim might not qualify for compensation. A mesothelioma lawyer will also be able to collect the information required to bring a lawsuit against asbestos as well as trust fund claims for the victim. This includes obtaining information about the victim's occupation, asbestos-related injuries and medical records. Also, it includes the testimonials from other victims. In addition, a mesothelioma lawyer should be acquainted with the various kinds of financial aid that is available to victims and their families. This includes benefits from health insurance, disability insurance, and Social Security benefits. Engaging an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer can help people determine what kind of claim they should submit and assist in filling out the paperwork. A mesothelioma lawyer can assist those suffering from other asbestos-related diseases file for compensation. This includes trust funds and VA claims.