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How to File an Asbestos Claim Legal action is taken against companies that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed. Asbestos lawsuits can be filed by victims who are still alive or their families. When a plaintiff passes away and their estate representative is appointed, they can continue the case under wrongful death. Work History Asbestos-related victims must give their lawyer documents that clearly state the date they were exposed to asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct connection between the exposure and the victim's illness. A lawsuit that involves asbestos may not be successful if evidence is not there. Workers in an industrial setting are more likely to be exposed to asbestos. The exposure can also be found in schools and churches as well as hospitals, bases of military, as well as private residences. Asbestos is present in fireproofing and insulation materials, pipes and shingles. People who are exposed these materials may inhale asbestos fibers and develop respiratory issues and other illnesses, such as mesothelioma. Many of the companies that produced asbestos were aware of the dangers, but chose to keep this information quiet. This was done to safeguard the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to pay compensation to those who were diagnosed with mesothelioma and the other diseases due to exposure to asbestos. A lawsuit against a business that produces asbestos can be a complicated process. Because asbestos is no longer in use it can be difficult to determine the parties responsible. However, there are many laws that help victims find the companies responsible for their 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 victims are usually compensated by asbestos trust funds. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. In these situations an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the most amount of compensation you can get. Wrongful death cases are filed by the family members of those who died due to mesothelioma or an asbestos-related disease. 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 responsible for their negligence. Testimonials If you've been diagnosed with mesothelioma or another asbestos-related illness, you can make a claim against the companies that put you in danger. Your legal team will gather proof to prove that the companies caused harm to you. This includes medical evidence 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 specializes in mesothelioma lawsuits will be able to find the most suitable defendants for your case even if the companies have been declared bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped resolve asbestos litigation worth more than $2 billion. Law firms that specialized asbestos litigation would “bundle” clients together to file lawsuits in mass. The idea was to overburden the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice this skewed approach to litigation has hurt plaintiffs. It also has drained funds which could have been provided to those who are likely to develop more serious diseases in the future. The current compensation systems in place require attorneys to group claims based on the diagnosis. This has led to the reduction of mesothelioma claims being filed. These changes, in addition to the fact some states have enacted reforms in tort law, which have led to a stricter medical criterion and an inactive docket, have led to a decrease in number of new claims filed from 2004 to 2006. In addition to mesothelioma lawsuits, you can claim wrongful death compensation for family members who lost a loved one due to asbestos exposure. New York state laws allow families to pursue legal action within three years of when they were aware (or should have had the knowledge) of the injury. In other states, the statutes of limitation are different in New Jersey and Pennsylvania requiring legal action within two years. Statute of Limitations A statute of limitations is a law that establishes the deadline for filing a legal claim. The deadlines for filing a claim vary from state to state. They are often dependent on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. However, there are a variety of factors that can complicate the rules. Many people who have been exposed to asbestos are unaware that they are suffering from a disease for a long time following the initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. It is crucial that mesothelioma sufferers and their families file a lawsuit as soon as possible due to the latency period. The statute of limitation varies from state to state, but in most cases it begins with the date of diagnosis. Certain states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful-death statutes of limitations are shorter than those for personal injury claims. Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is feasible. 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 could assist if the statute of limitations has expired. Lawyers for mesothelioma have the ability to offer options for obtaining compensation even if the statute of limitations has run out. This includes trust fund claims as well as other sources of financial aid. They might be able to file the claim in a jurisdiction where the statute of limitations hasn't expired. If the person is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed with a related condition such as asbestosis or lung cancer. Some states have “discovery” statutes that apply the same as a standard statute of limitations but start at the time of the diagnosis instead of the original exposure. Mesothelioma attorneys must always discuss statutes of limitations with clients and their loved family members. Sunnyvale asbestos lawyer for mesothelioma can explain the law of the state and also the situations in which the statute of limitations can be tolled or suspend. Employ a lawyer Asbestos lawyers know how to navigate through the complicated asbestos litigation. They will work with other attorneys to ensure that your case gets the highest chance of success. Asbestos cases are very different from other personal injury cases. The reason for this is that the exposure to asbestos occurred years ago, and a lot of the companies exposed have either declared bankruptcy or gone out of business. Many of the workers who were exposed to asbestos do not remember where they worked and it may be difficult to identify the locations they may have worked in. A knowledgeable attorney can assist you with this because he/she can use the resources available to him/her for determining which companies were affected and when they worked for them. Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he can get medical experts to review and prepare reports regarding the cause of mesothelioma. It is vital that the asbestos lawyer is able to establish the causation component of the case as without it, the victim could not be eligible for compensation. A mesothelioma lawyer will be able to gather the data needed to bring a lawsuit against asbestos as well as a trust fund claim for the victim. This includes gathering information on the victim's occupation or work-related asbestos-related injuries as well as medical records. Also, it includes the testimonies of other victims. A mesothelioma attorney should also be aware of the different kinds of financial aid available to victims and family members. This includes health insurance benefits as well as disability insurance and Social Security benefits. Anyone who is diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer can be able to help individuals decide which claim is appropriate for them and help them complete the appropriate paperwork. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.