How to File an Asbestos Claim

An asbestos claim is a request for financial compensation from a business or organizations responsible for asbestos exposure. Patients with mesothelioma and other asbestos-related ailments, can submit a variety of claims.

Compensation damages are determined by the severity of your symptoms as well as the length of time you have been suffering. You could also be eligible for VA disability benefits.

Statute of Limitations

When filing an asbestos claim, it is important to consider the statute of limitations. This is the time period that you must sue the parties accountable for your injuries. Each state has its own statute of limitations. The rules are the same in the majority of states. The statute of limitations "clock" usually begins on the date that you knew or should have known that your injury was linked to asbestos exposure. This is typically the date you were diagnosed with asbestos-related diseases or mesothelioma. For certain injuries, like mesothelioma or asbestosis, it can take many years before symptoms of the disease begin to show up. This is because the signs of these illnesses progress slowly over time.

Contrary to other personal injury lawsuits mesothelioma claims are typically filed by people who have been exposed to asbestos for many years. The statute of limitations for these cases differs. In many states, the statute of limitations only starts when a person is diagnosed with mesothelioma. Mesothelioma is a rare type of cancer, is often not discovered until months or years after the initial asbestos exposure.

Asbestos victims should be sure to connect with a top mesothelioma law firm as soon as possible. This will prevent them from missing any deadlines, which is a major challenge for someone dealing with the life-threatening condition.

In addition to the limitation period asbestos victims must be aware of the different laws of each state. The state in which the victim lives can impact their case. This is especially true if the victim relocated after being exposed to asbestos. The location of the businesses that they worked for can affect the jurisdiction of their case, so an attorney can help decide where to file.

Another aspect in mesothelioma lawsuits is the discovery rule. This is a particular rule that allows the time limit to begin when victims discover their asbestos-related injuries, rather than when they are first diagnosed. This is important because mesothelioma may not appear for decades. A lot of people do not be aware of the condition until it's too late declare it.

Documentation

Mesothelioma victims and their families can file for compensation through several types of legal or insurance claims. Each type of claim has its own rules which must be met to ensure the asbestos victim or their family receives the entire amount owed to them.

An experienced mesothelioma lawyer will assist in determining the type of claim that one can make. This includes identifying asbestos companies that are responsible for the exposure as well as gathering the required documentation to prove the connection between asbestos exposure and mesothelioma.

The typical documentation needed to support an asbestos claim is medical records, proof of exposure and a written work history. The medical records must contain mesothelioma, or another asbestos-related diagnosis. The history of work of the patient must show that they worked for an organization that manufactured, sold, or used asbestos-containing products. The work history must also provide specific asbestos-related job tasks and the date when exposure occurred.

The legal claims are founded on negligence or strict liability, or product liability. In the majority of lawsuits asbestos-related companies are accused of not using reasonable care while producing and selling their products. This is especially the case when companies were aware of asbestos' dangers, but failed to warn their employees or clients.

Punitive damages are also given in some cases. These damages are intended to penalize asbestos attorney companies for their wrong behavior and can increase the value of a settlement by millions. A skilled asbestos attorney is able to obtain additional funds and will fight for them if needed.

A wrongful death lawsuit is filed on behalf of loved family members of someone who died of an asbestos-related illness. A wrongful death suit can compensate for funeral costs along with lost wages and other financial losses. It can also help a family gain peace of mind following the loss of a loved one.

Expert Witnesses

Experts are often involved in asbestos-related cases. These are people who have the expertise, knowledge, experience, or education to be capable of handling a specific area. They may provide information that is not accessible to the public. This is crucial in proving a case as asbestos-related diseases are usually complex.

In mesothelioma cases expert witnesses are vital to prove that you have this condition and to prove that your exposure to asbestos was a direct cause. A mesothelioma lawyer who is experienced can assist you in finding the right medical and economic experts for your case.

Expert witnesses can provide important information regarding the use of asbestos in construction, asbestos-related diseases and their impact on your life. They have testified in similar cases and are highly reliable. Typically an expert witness will hold an academic degree in a relevant field such as toxicology or medicine. They are also able to explain technical terms that the average person may not comprehend.

A specialist witness can be called upon to testify in the trial that the materials impacted during a renovation could contain asbestos, or that shaking off contaminated clothing resulted in the release of fibers (in an action for secondary exposure). They may also give assistance on asbestos-related questions, for example, the use of thermal images as well as the encapsulation process of friable materials. Experts are certified as industrial hygiene experts or safety professionals and have worked in municipalities, insurance companies and government organizations.

Your lawyer can also find experts in the fields of construction, occupational safety and health, as well as environmental management. These professionals can assist in analyzing claims regarding construction defects as well as serious injuries, commercial and multifamily construction, and sewers and roads. Additionally, they can assist in evaluation of mold and water damage inspection and sampling. They can also provide information into asbestos exposure assessment as well as benzene exposure assessment and dose reconstruction, as well as other occupational safety issues. They are knowledgeable of a wide range of construction materials, such as concrete, masonry, wood asphalt metals, plastics and drywall.

Filing

It is vital to make an asbestos claim if you or someone close to you has been exposed to asbestos. These claims cover medical expenses, lost income, and funeral costs. The process can be difficult and lengthy. It is best to consult with an asbestos lawyer with prior experience. An experienced lawyer will be knowledgeable of the state laws governing asbestos lawsuits, and can help you determine the best route to financial recovery.

There are two kinds of asbestos lawsuits - personal injury and wrongful death suits. Personal injury lawsuits are filed by an individual who is still alive and are usually governed by their date of diagnosis. Families file wrongful death suits after a loved one dies due to an asbestos-related illness.

Asbestos victims can also submit trust fund claims to get compensation from the companies that are responsible for their exposure to toxic substances. These claims are made when a person is diagnosed with an asbestos-related disease like mesothelioma or lung cancer. Typically these cases involve multiple trust funds since a variety of firms produced and sold asbestos-containing products.

An experienced attorney can make an application to the asbestos trust fund. The attorney will be able to access an information database that can identify the companies who exposed each individual. This is important as it allows the lawyer to identify all potential legal paths to pursue compensation for a client.

Additionally, an attorney will sue companies that fail to warn asbestos victims of the dangers associated with their products. These lawsuits, also referred to as "failure-to-warn" suits are built on the assumption that asbestos companies knew they were dangerous products, but didn't warn their workers or provide warnings on their labels.

Regardless of the nature of the lawsuit, an experienced mesothelioma attorney will be able to collect documentation of a patient's asbestos exposure history, assist with filing a lawsuit within the statute of limitations and ensure that the victim receives fair compensation. This includes punitive and compensatory damages as well as court fees and interest.