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How to File an Asbestos Claim An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. The statute of limitations is a time limit within which lawsuits must be filed. Asbestos lawsuits can be filed by victims who are still alive or their families. When a plaintiff passes away the estate representative of their deceased victim may continue the case in a lawsuit for wrongful death. Work History Asbestos-related victims must give their lawyer's papers that clearly state the time they were exposed asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This information will assist the lawyer establish a direct link between that exposure and the patient's condition. A lawsuit involving asbestos could not be successful if the evidence is not there. Asbestos is most likely be found in industrial settings. It can also happen in schools and churches as well as hospitals, bases of military, as well as private residences. Asbestos can be found in pipes, shingles insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory problems and other diseases like mesothelioma among those who are exposed to the material. Many asbestos-producing companies were aware of its dangers however, they chose to not speak about it. This was done in order to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that the companies began to compensate those who contracted mesothelioma or other diseases caused by exposure. A lawsuit against a business which manufactures asbestos can be a complicated process. Since asbestos is no longer used it can be difficult to identify the responsible parties. However, there are many laws that help victims find the companies responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples. Asbestos trust funds are usually responsible for paying compensation to asbestos victims. These funds are set up to help injured victims get compensation when the companies which exposed them have gone bankrupt. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds to ensure the maximum compensation. These cases are filed by the family members of people who died due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold the asbestos companies responsible for their negligence. Testimonials You can sue the companies who put you at risk if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove that the companies who caused you harm, such as medical proof of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have been exposed various asbestos-related products throughout their lives A lot of lawsuits contain multiple defendants. A lawyer that specializes in mesothelioma cases will be able to locate the right defendants for your case, even if they have been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos litigation worth more than $2 billion. Firms that were specialized in asbestos litigation would “bundle” clients together to file lawsuits in mass. The idea was to overburden the legal system and benefit lawyers. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It also has drained funds which could have been provided to individuals who are expected to develop more serious illnesses in the future. The current compensation system requires that attorneys group claims based on the diagnosis. This has resulted in an increase in mesothelioma lawsuits being filed. This is in addition to the fact that some states have enacted tort reforms that have resulted in stricter medical criteria and an inactive docket these changes have contributed to the reduced levels of new claims being filed between 2004 and 2006. In addition to mesothelioma claims, you can claim wrongful death compensation for family members who lost a loved one because of asbestos exposure. New York law allows families to bring an action within three years from the date they learned (or should have known) of an injury. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two years. Statute of limitations A statute of limitations is a law that establishes the deadline for filing an action in court. These deadlines vary by state. They are usually dependent on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related disease. There are many factors that can make it difficult to follow the rules. Many people who have been exposed to asbestos are not aware that they are suffering from a disease for decades after the initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related diseases. It is essential that mesothelioma patients and their families file a lawsuit immediately due to the latency period. The statute of limitations differs from state to state however, in the majority of cases, it begins with the date of diagnosis. Some states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, wrongful-death statutes of limitations are shorter than those for personal injury claims. Asbestos patients and their families should consult a mesothelioma attorney immediately. The lawyer can review all possible sources of compensation and provide suggestions on the best way, where and when to file. A knowledgeable mesothelioma lawyer can help when the statute of limitation has already expired. Mesothelioma lawyers may suggest alternatives to seek compensation even if the statute of limitations has passed, such as trust fund claims or 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 condition, such as asbestosis or lung cancer. Certain states have “discovery statutes” which apply the same as the traditional statutes of limitations however they begin with the date of diagnosis instead of exposure. Mesothelioma lawyers should always discuss limitations statutes with clients and their loved relatives. A knowledgeable mesothelioma lawyer can explain the laws of the state, as well as specific situations in which the statute of limitations can be extended or suspended. Employ a lawyer Asbestos lawyers are able to navigate the maze of asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible outcome. Asbestos cases are different from other personal injury claims. The asbestos exposure was several decades ago, and a large number of those companies have gone out of business or declared bankruptcy. Many times, those who were exposed to asbestos don't even remember where they worked, and it's difficult for them to determine the locations where they may have been exposed. An experienced attorney can help you with this because he/she will be able to use the resources available to him/her for determining which companies were affected and when they worked for them. After the asbestos lawyer has a better understanding of where the individual was exposed to asbestos and what they did there the lawyer will then call in medical experts to examine the evidence and create reports about how the exposure to asbestos led to mesothelioma. It is vital that the asbestos attorney can determine the causation aspect of the case as without it, the victim could not be eligible for compensation. A mesothelioma lawyer will also be able gather the information needed to bring a lawsuit against asbestos and a trust fund claim for the victim. This includes obtaining information about the victim's employment as well as asbestos-related injuries medical records, testimony from other victims, and more. In addition, a mesothelioma lawyer must be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits. Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or another asbestos-related illness. St. Cloud asbestos lawsuit can help people decide on the kind of claim they should submit and assist in filling the necessary paperwork. An attorney for mesothelioma can help those with other asbestos-related diseases file for compensation. This includes trust funds and VA claims.