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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 period within which lawsuits have to be filed. Asbestos lawsuits can be brought by the living victims or their families. When a plaintiff dies, their estate representative may continue the case under wrongful death. Work History Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, the nature of their work and the time for exposure. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim's health condition. Without the proper evidence an asbestos lawsuit might not be able to progress. Asbestos is most likely to be discovered in industrial environments. This exposure can also occur in churches and schools and hospitals, as well as bases of military and private homes. Asbestos is present in insulation, fireproofing materials pipes, shingles and pipes. People who are exposed these materials can inhale asbestos fibers and develop respiratory issues and other illnesses, such as mesothelioma. Many of the companies that produced asbestos knew of its dangers but chose to keep the information secret. This was done in order to safeguard the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who contracted mesothelioma or other diseases caused by exposure to asbestos. A lawsuit against an asbestos-related company can be a difficult task. It can be difficult to identify the parties responsible since asbestos is no more in use. There are a number of laws that can assist victims find the companies responsible for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples. Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are set up to help victims receive compensation if the companies responsible for their exposure have gone into bankruptcy. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds and ensure the most compensation. Wrongful death cases are filed by the family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks to recover the unpaid medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies responsible for their wrongful conduct. Testimonials You can sue companies who put you at risk if you are diagnosed with mesothelioma or another asbestos-related condition. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical evidence of your diagnosis and the identification of asbestos products. Many lawsuits involve dozens or more defendants, as it's typical for plaintiffs to have been exposed to various asbestos-related products during their career. A lawyer that specializes in mesothelioma cases will be able to locate the right defendants for your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has 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 and helped resolve over $2 billion of asbestos litigation. Firms that were specialized in asbestos litigation would “bundle” clients together to file lawsuits in mass. The aim was to overload the judiciary and increase the wealth of lawyers. This unbalanced approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. This has also drained funds that could have been made available to those who develop more serious illnesses in the future. The current compensation system requires that attorneys group claims according to diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. These changes, as well as the fact that certain states have implemented reforms to tort law that have resulted in a stricter medical criterion as well as an inactive docket have contributed to a decrease in number of new claims filed from 2004 to. In addition to mesothelioma claims you can also file wrongful death claims for family members who have lost a loved one because of asbestos exposure. New York state laws allow families to pursue legal action within three years of when they were aware (or should have been aware) 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 imposes a time limit for filing an action in court. These deadlines differ by state. They are usually determined by the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. However, there are a variety of factors that can complicate these rules. Many people who have been exposed to asbestos are not aware of the existence of a condition for a long time following the initial exposure. This is due the latency period for mesothelioma, and other asbestos-related diseases. It is essential that mesothelioma patients and their families file a lawsuit right away due to the latency period. The statute of limitations is different in each state, but they generally start from the date of diagnosis. There are states that have different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful-death statutes of limitations are shorter than those for personal injury claims. Spokane Valley asbestos lawsuit and their families must hire mesothelioma lawyers immediately. The lawyer will be able to evaluate all potential sources of compensation and offer guidance on the best way, where and when to file. Additionally, a knowledgeable mesothelioma attorney can help when the statute of limitation has already expired. Lawyers for mesothelioma may suggest options to obtain compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial assistance. They may be able file the claim in a place where the statute of limitations hasn't expired. If the person hasn't been diagnosed with mesothelioma, the time limit begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Certain states have “discovery” statutes, which have the same effect as a traditional statute of limitations, but begin with the date of diagnosis instead of the original exposure. Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can explain state laws and specific circumstances where the statute of limitations can be extended or suspended. Hire a Lawyer Asbestos lawyers are able to navigate the complicated asbestos litigation. They will work with other lawyers to ensure that your case gets the best possible result. Asbestos claims differ from other personal injury cases. The reason for this is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either filed for bankruptcy or have gone out of business. Many times, those who were exposed do not even remember where they worked and it is difficult for them to determine the places where they might have been exposed. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to him/her in order to determine which companies were exposed and when they worked there. When the asbestos attorney has a better understanding of the place 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 essential 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 will be able to gather the data needed to file a lawsuit against asbestos and an appeal to a trust fund for the victim. This includes gathering information about the victim's employment as well as asbestos-related injuries medical records, testimonials from other victims, and more. In addition, a mesothelioma lawyer should be acquainted with all of the different kinds of financial assistance that are available to victims and their families. This includes health insurance benefits as well as disability insurance and Social Security benefits. Hiring an expert asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or any other asbestos-related disease. An attorney can help determine what kind of claim they need to make and help them fill the necessary paperwork. An experienced mesothelioma lawyer will assist people suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.