How to File an Asbestos Exposure Claim
A claim of asbestos exposure requires asbestos producers to take responsibility for their actions that have caused a number of people harm over the decades. The process can assist families of victims in receiving compensation for medical expenses, lost wages and funeral expenses related to asbestos-related illnesses.
Workers who work with asbestos typically bring asbestos fibers to their homes on their clothing and skin which exposes family members to a second exposure. This could lead to mesothelioma and other asbestos-related diseases.
Medical Records
It's important for patients diagnosed with mesothelioma or any other asbestos-related illness to keep all medical records they require. These records will help their lawyer prove that exposure to asbestos caused their illness and that they are entitled to compensation.
The law requires that plaintiffs have an imaging scans and physician's statement connecting the diagnosis to an asbestos-related health problem. Lawyers will also require the history of employment for the patient, including an inventory of employers and jobs. People who were exposed to asbestos for prolonged periods of time, for example those in the construction industry, have an increased risk of developing mesothelioma as well as other diseases.
A mesothelioma lawyer who has experience can also help obtain additional evidence, such as workers compensation claims, veteran's benefits and other financial records. These documents can provide important details about asbestos-related products or employers.
If the victim is diagnosed with a mesothelioma, his or her attorney can file a personal injury or wrongful death lawsuit against asbestos-related product manufacturers. The statute of limitations varies between jurisdictions. For example in New York State, legal action must be filed within three years of the date the victim realized (or ought to have known from the signs) that the person was suffering from an asbestos-related illness.
In Warren asbestos attorney to taking legal action against a manufacturer, victims can also pursue compensation from an asbestos trust fund. A mesothelioma lawyer can guide you through the complicated procedure.
It's also possible for victims or their families to file a wrongful-death lawsuit against their employer. This type of lawsuit is different from a personal injury case and typically involves liens. Liens are financial agreements between the insurer of a defendant and mesothelioma victims or their family members.
A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma victims and their families may be able to claim compensatory damages for their losses, such as funeral expenses as well as lost wages, pain and suffering.
Work History
It is essential to keep an extensive work record in the event that you or someone you love were exposed asbestos. It can assist lawyers in determining what type of claim is appropriate and what documents will be required to prove it.
Workers in many trades were exposed to asbestos throughout the 20th century, which included those who worked in insulation, construction and shipyard jobs. These workers brought loose asbestos fibers home with them on their clothing, putting the families at risk of developing mesothelioma later. A North Carolina mesothelioma lawyer could look over your or a loved one's medical records and work history to determine whether a claim for exposure from a secondhand source is possible.
In a mesothelioma lawsuit, the plaintiff must determine which companies are responsible for the asbestos victims’ losses, including medical expenses, funeral costs and income loss. Lawyers can help clients in getting documents such as pension or disability information from their employer as well as interviewing witnesses and establishing the timeline.
If a mesothelioma sufferer dies before the case is resolved the family of the victim may file a suit for wrongful death to recover compensation. A wrongful death lawsuit can be filed to cover funeral and treatment costs, as well as to secure financial security.
If needed, asbestos victims' attorneys can file claims against multiple defendants to receive full settlement. This can include the company that supplied raw asbestos, manufacturers of asbestos-related products as well as negligent employers. These companies knew that their asbestos products could cause harm, but failed to warn or protect workers.
The EPA provides a variety of resources for families and individuals who suffer from asbestos-related ailments. The TSCA Hotline, Asbestos Ombudsman and other resources are available. Individuals who suffer from mesothelioma or other asbestos-related diseases can also receive compensation from trust funds established by the spouses of survivors of asbestos-related victims.
Contrary to workers compensation and asbestos lawsuits, asbestos lawsuits require an attorney to represent the interests of the plaintiff, not the employer. In the case a mesothelioma lawsuit requires an attorney who has experience in seeking compensation from trust funds or private insurers who have denied responsibility of exposure to asbestos-related substances that cause cancer.
Secondhand Exposure
Although the majority of mesothelioma cases involve firsthand exposure to asbestos but secondhand (ambient) exposure can be an important risk factor. Individuals can come in contact with asbestos while washing clothes or interacting with furniture, or in physical contact with someone who works or handles asbestos-containing products. These interactions can release toxic fibers into the air, where people can inhale them or swallow them.
Asbestos lawsuits that involve exposure to asbestos from secondhand sources typically require the assistance of an experienced lawyer who knows how to trace asbestos exposure. Attorneys who have experience handling these types of claims can examine documents and speak with witnesses to identify the source of exposure. Lawyers can help asbestos victims make a claim and comply with state laws regarding liability.
In most instances, secondhand exposure to asbestos is the result of blue-collar workers carrying asbestos fibers home with them after working shifts. Workers brought their contaminated hair, clothing and other equipment home, where they lay on couches, used appliances, and touched surfaces for minutes or even hours later. Asbestos was spread to family members such as spouses, children, and others through this contact. These individuals probably did not realize they were bringing carcinogenic substances into their homes. The tiny, insignificant fibres would usually get stuck to clothing, hair, and even skin.
Asbestos claims can be filed by people who have come into contact with contaminated clothing, furniture or other household items. This type of lawsuit typically requires the assistance of an asbestos attorney who can provide evidence, such as clothing tags, medical records and asbestos tests. Lawyers can assist plaintiffs in identifying companies that manufactured asbestos-containing products.
Asbestos sufferers can also sue asbestos trust funds, which pay fixed amounts to mesothelioma sufferers and other patients suffering from asbestos-related illnesses. It is easier to bring a lawsuit than to sue a single company and, often, compensation is more readily available from a trust fund rather than from an employer.
Individuals who qualify for money from an asbestos fund should contact a law firm which specializes in mesothelioma immediately. They can determine if they are eligible for filing an action, decide which state or region is the best one to file the lawsuit and manage the entire procedure.
Statute of limitations
The statute of limitation is the longest amount of time in which one can file a lawsuit in a state, can vary. In certain states, the clock begins to tick as soon as the patient is diagnosed of an asbestos-related illness and in other states the clock starts the moment they are first exposed.
An experienced mesothelioma lawyer can help patients understand the statute of limitations for their state and how it relates to the type of asbestos claim they are filing. To prove the connection between asbestos exposure and diseases, medical records, employment histories and relevant product information are required. It is, however, difficult to determine a precise date of exposure since asbestos-related diseases have a lengthy latency period.
A skilled lawyer can review a victim's medical and legal options and can help file an individual or group lawsuit against negligent asbestos-related companies. This could include a company that mined asbestos or made asbestos-containing products or an employer that knew about employee exposure and did not ensure their safety.
Compensation from a successful asbestos lawsuit can pay for medical bills, home health expenses, the loss of quality of life as well as suffering and pain funeral expenses and loss of consortium if a loved one has passed away due to an asbestos-related disease. Companies that exposed asbestos workers to over $30 billion have set aside trust funds. Many mesothelioma sufferers have received financial compensation through these trust funds.
A specialist mesothelioma lawyer can review asbestos-related evidence and determine the best way to start an asbestos lawsuit, whether for personal injury or the wrongful death of a victim. A lawyer with experience can assist in determining the right place to file. The state in which the victim lived or worked as well as the location of asbestos-related companies could be a factor in the filing requirements.
An experienced mesothelioma lawyer will collect as much information as is possible to prove the client's claim. This includes the patient's full medical documents, employment history, and the names of any asbestos-related products that were used at the job site. These documents are needed to prove that the asbestos exposure of the victim resulted in mesothelioma.