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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 certain 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 and their estate representative is appointed, they can pursue the case as a lawsuit for wrongful death. Work History Asbestos victims must give their lawyer documents that clearly specify the date of their exposure to asbestos, their job was and for how long. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s disease. Without the proper evidence, an asbestos lawsuit may not be able to move forward. Asbestos is most likely to be discovered in industrial environments. This exposure can also occur in schools and churches, hospitals, bases of military, as well as private homes. Asbestos is found in insulation, fireproofing materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma in people who are exposed to the material. Many asbestos-producing companies were aware of its dangers however they decided to keep it quiet. This decision was made to ensure the safety of the industry and to increase profits. It was not until the first asbestos lawsuits were filed that these companies started to pay compensation to those who developed mesothelioma and other ailments caused by exposure to asbestos. Santa Monica asbestos lawyer against a company that produces asbestos is a difficult task. Because asbestos is no longer used it can be a challenge to determine the parties responsible. However, there are a variety of laws that assist victims in identifying the companies that are responsible for their exposure. They 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 generally responsible for compensating asbestos victims. These funds are created to help injured victims receive compensation when the companies that exposed them have gone bankrupt. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds and ensure the maximum amount of compensation. Families of those who died from mesothelioma, or another asbestos-related illness, can file wrongful death cases. This type of claim seeks damages for the unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct. Testimonials If you've been diagnosed with mesothelioma or another asbestos-related disease, you can file a lawsuit against the companies that put you in harm's way. Your legal team will collect evidence to prove that the businesses harmed you. This includes medical evidence of your diagnosis as well as asbestos product identification. As it is common that plaintiffs have had exposure to various asbestos-related products throughout their lives Many lawsuits have multiple defendants. A lawyer who is specialized in mesothelioma claims can help you find the appropriate defendants for your case even if the companies have declared bankruptcy. 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. The firm has helped settle more than $2 billion of asbestos litigation. Firms that were specialized in asbestos litigation would “bundle” clients to file lawsuits in mass. The idea was to overburden the judicial system and enrich the lawyers. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. The result is that funds are being drained that could have been made available to those who develop more serious illnesses in the future. The current compensation system demands that attorneys group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. This is in addition to the fact that certain states have passed tort reforms which have resulted in stricter medical criteria and an inactive docket these changes have led to a decrease in new claim filings from 2004 to 2006. You can also bring wrongful death lawsuits on behalf family members of a loved one who died who died due to asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they became aware (or should have had the knowledge) of the injury. Other states have different statutes of limitation. 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 a legal claim. These deadlines vary from state to state. They are often determined by the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. There are several factors which can complicate the rules. Many people who have been exposed to asbestos do not realize of the existence of a condition for a long time after initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Because of the latency period it is crucial for mesothelioma sufferers and their families to make a claim as soon as they can. The statute of limitation varies from state to state however, in the majority of cases, it starts with the date of diagnosis. Some states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitations are less than personal injury ones. Asbestos patients and their families should hire a mesothelioma attorney as soon as possible. The lawyer will be able to review all potential sources of compensation and provide advice on the best way, where and when to file. Additionally, a knowledgeable mesothelioma lawyer can help if the statute of limitations has already expired. Lawyers for mesothelioma may suggest options to obtain compensation even if the statute has run out. These include trust fund claims and other sources of financial aid. 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 limitation begins when they are diagnosed with an associated condition, such as asbestosis or lung cancer. Certain states have “discovery statutes” that use the same rules as the traditional statutes of limitations, but start at the date of diagnosis, not the date of exposure. Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer can explain state laws and specific circumstances where the statute of limitations can be extended or suspended. Employ a lawyer Asbestos lawyers are able to navigate the complex asbestos litigation. They will work with other lawyers to ensure that your case is given the best possible result. Asbestos claims are different from other personal injury cases. The exposure to asbestos was decades ago, and many of those companies have gone out of business or declared bankruptcy. Many of the 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. This is why an experienced attorney is critical because they can use the resources at his or his disposal to discover the name of the companies that were exposed and the dates they worked at. Once the asbestos attorney has a better understanding of the place and how the victim was exposed to asbestos, he is able to engage medical experts to examine and prepare reports on the cause of mesothelioma. It is crucial that the asbestos lawyer is able establish the causation aspect of the case, because without it, the victim may not qualify for compensation. A mesothelioma lawyer can be able to collect the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work as well as asbestos-related injuries medical records, testimonials from other victims and more. Additionally, a mesothelioma lawyer should be familiar with the various kinds of financial aid that are available to victims and their families. This includes health insurance benefits as well as disability insurance. Social Security benefits. Employing an experienced asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma or any other asbestos-related disease. A lawyer can be in a position to assist patients determine which type of claim is the best for them, and then assist them file the appropriate documentation. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related illnesses to file claims for compensation, such as trust fund and VA claims.