How to File an Asbestos Claim

A claim for asbestos compensation is a request to receive financial compensation from the company or organizations that are responsible for asbestos exposure. Individuals diagnosed with mesothelioma or other asbestos-related diseases can submit a variety of claims.

Compensation damages are determined by the severity of your symptoms and the amount of time you've been suffering. You may also be eligible to receive VA disability benefits.

Statute of Limitations

It is important to take into consideration the statute of limitation when filing an asbestos claim. This is the amount of time you need to file a lawsuit against the responsible parties for your injuries. Each state has its own statute of limitations. However the rules generally are the same. The "clock" of the statute of limitations typically starts when you know or should have known your injury is caused by asbestos exposure. This is typically when you were diagnosed with asbestos-related diseases or mesothelioma. However, for some injuries such as asbestosis or mesothelioma it could take a number of years after exposure before the illness is apparent. This is due to the symptoms of these diseases develop slowly over time.

Contrary to other personal injury lawsuits mesothelioma claims are typically filed by those who have been exposed to asbestos for years. This means that the statute of limitations differs for these kinds of cases. In the majority of states, the statute of limitations begins when someone is diagnosed with mesothelioma. But mesothelioma is a rare form of cancer and many patients are not diagnosed until months or even years after their initial exposure to asbestos.

Asbestos victims should be sure to connect with a top mesothelioma lawyer firm right away. This will help them avoid not meeting deadlines, which can be very difficult for someone suffering from a life-threatening illness.

Asbestos victims must be aware of state-specific laws in addition to statutes of limitations. The state in which the victim lives can impact their case. This is particularly relevant if the victim has moved after being exposed to asbestos. The location of the companies that they worked for may also influence the jurisdiction of their case, so an attorney can help them determine where to file.

The discovery rule is yet another factor that could affect mesothelioma lawsuits. This is a particular rule that allows the statute of limitations to begin when asbestos-related illnesses, not when they are first diagnosed. This is crucial because mesothelioma can not be detected for years. Many people won't be aware of the condition until it's too late to start a case.

Documentation

Mesothelioma patients and their families are able to file for compensation in various ways, including through insurance or legal action. Each type of claim has its own requirements that must be met in order to ensure the asbestos victim or their loved ones receive the total amount due to them.

An experienced mesothelioma lawyer can help determine the type of claim that one should file. This includes identifying asbestos law-related companies that are responsible for the exposure as well as gathering the required documentation to prove the link between mesothelioma and asbestos exposure.

The documentation required to support an asbestos claim typically consists of medical records, proofs of exposure, and documented work histories. The medical records should include the diagnosis of mesothelioma or a similar asbestos-related disease. The record of the victim's employment history must reveal that they worked for a business which manufactured, sold or used asbestos-containing products. The work history should include the asbestos-related work completed as well as the date of exposure.

The legal claims are made on the basis of negligence, strict liability or product liability. In the majority of lawsuits asbestos-related companies are accused of failing to exercise reasonable care when producing and selling their products. This was particularly true when the companies knew of the dangers that came with asbestos, yet did not provide proper safety information to their employees or consumers.

Punitive damages are also given in some cases. These damages are meant to penalize asbestos companies for their wrong behavior and could add millions of dollars to a settlement or verdict. An experienced asbestos lawyer knows how to get these extra money in the case and fight for them whenever necessary.

A wrongful death lawsuit is filed by the family members of a deceased person who was diagnosed with an asbestos-related illness. The compensation offered by a wrongful demise suit can be used to offset funeral expenses, lost income and other financial losses. It can also offer a family peace of mind after a loved one dies.

Expert Witnesses

Asbestos-related cases usually involve experts, which are individuals with the knowledge, skill, experience or education in a particular matter. They provide information to the court that is not readily available to the general public. It is crucial to prove a case as asbestos-related diseases are often complicated.

In mesothelioma cases expert witnesses are vital to prove that you have this disease and to prove that exposure to asbestos was a primary cause. A knowledgeable mesothelioma lawyer can help you find the most appropriate medical and economic experts for your case.

Expert witnesses can provide crucial information about the use of asbestos in construction, the kinds of asbestos-related illnesses that could occur and how they impact your life. They are often skilled in testifying in similar cases and have a high level of credibility. An expert witness typically has an education in a field relevant to the case such as medical science or toxicology. They are also able to explain technical terms which the common person might not be able to comprehend.

An expert witness can present evidence at trial that the materials that were disturbed during a remodel likely contained asbestos, or shaking out contaminated clothing resulted in the release of fibers (in an action for secondary exposure). They may also provide advice on matters pertaining to the testing of asbestos-containing materials, such as the use of thermal imaging and sealing of friable materials. A specialist may be certified as an industrial hygienist or safety professional and have worked for insurance companies, municipalities and government agencies.

In addition to asbestos experts and asbestos experts, your lawyer can connect with specialists in the areas of construction workplace health and safety, and environmental management. These professionals can help analyze claims concerning construction defects, serious injury, multifamily and business construction roads and sewers, and commercial and multifamily construction. They can also help with assessment of water damage or mold inspection as well as sampling. They also offer insight into asbestos exposure assessment as well as benzene exposure assessment and dose-reconstruction, and other occupational safety concerns. They are familiar with the wide variety of construction materials like concrete wood, masonry, asphalt, plastics, metals, and drywall.

Filing

It is important that you make an asbestos claim if you or someone close to your heart has been exposed to asbestos. These claims compensate for medical expenses, lost income and funeral costs. The process is often complicated and lengthy. It is best to speak with a mesothelioma lawyer who has years of experience. A seasoned lawyer is familiar with the laws that govern asbestos lawsuits in the state and can assist in determining the best method of obtaining the maximum amount of financial compensation.

There are two types of asbestos lawsuits: personal injury and wrongful death lawsuits. Personal injury suits are filed while the plaintiff is still alive and are typically subject to the date of diagnosis. The lawsuits for wrongful death are filed by family members following the death of a loved one due to an asbestos-related illness.

Asbestos victims can also claim trust fund benefits to receive compensation from companies that are responsible for their exposure to toxic substances. These claims are filed when someone is diagnosed with an asbestos-related disease like mesothelioma or lung cancer. Typically these cases involve multiple trust funds as a number of companies manufacture and sell asbestos-containing products.

An experienced attorney can file a claim using the correct asbestos trust funds. The attorney will have access to databases that will allow him to pinpoint the companies who exposed each person. This is important since it lets the attorney know the legal avenues to pursue compensation on behalf of a client.

Lawyers can also file a lawsuit if an organization fails to warn asbestos victims of the dangers that their products pose. These lawsuits, sometimes referred to as "failure-to-warn" suits are based on a theory that asbestos companies knew about the dangers of asbestos products but didn't inform workers or provide warnings on the product's labels.

A mesothelioma lawyer who is experienced can be trusted, regardless of the type lawsuit filed, to gather documentation about the patient's history of exposure to asbestos and assist in filing an action within the time limits of the statute of limitations and ensure that the victim receives an amount that is fair. This includes punitive and compensatory damages as also court costs and interest.