How to File an Asbestos Claim

A claim for asbestos compensation is a claim to receive financial compensation from the company or companies that are responsible for asbestos exposure. Patients with mesothelioma and other asbestos-related illnesses, may file several types of claims.

Compensation damages are determined based on the severity of your symptoms and 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 take into consideration the time limit. This is the length of time it takes to make a claim against the responsible parties for your injuries. Each state has its own statute of limitations. The rules are the same in most states. The statute of limitations "clock" usually begins the day you had the knowledge or ought to have known that your injury was related to asbestos exposure. This is typically the date you were diagnosed with asbestos-related illnesses or mesothelioma. For certain injuries, like asbestosis or mesothelioma, it could take years before the signs of the disease begin to show up. These diseases aren't quick to manifest because they develop slowly.

Contrary to other personal injury lawsuits, mesothelioma claims are often filed by people who have been exposed to asbestos for many years. Therefore, the statute limitations is different for these kinds of cases. In many states the statute of limitations begins when someone is diagnosed with mesothelioma. However, mesothelioma can be a rare form of cancer, and a lot of patients won't be diagnosed until several months or even years after their first exposure to asbestos.

Asbestos-related victims must be certain to communicate with a reputable mesothelioma law firm as soon as possible. This will allow them to avoid missing deadlines that can be difficult for those with a life-threatening illness.

Asbestos sufferers should be aware of the laws specific to their state in addition to statutes of limitations. This is because the state where a victim lives might affect their case, especially when they've moved since their exposure to asbestos. A former employer may have an impact on their rights. An attorney can assist the victim in deciding which jurisdiction to file.

The discovery rule is another factor that can affect mesothelioma lawsuits. This is a unique rule that allows the time limit to begin when victims discover their asbestos-related illnesses, not the moment they are first diagnosed. This is important because mesothelioma takes a long time to show up, so many people will not realize they have a disease until it is too late to file a claim.

Documentation

Mesothelioma patients and their families can apply for compensation in several ways including through insurance, or legal action. Each type of claim has specific conditions to ensure that asbestos patients or their families receive the full amount due to them.

A mesothelioma lawyer with experience can assist in determining the kind of claim one should file. This includes identifying asbestos companies that are responsible for the exposure, as well as gathering the necessary evidence to prove the link between asbestos exposure and mesothelioma.

Documentation required for a claim involving asbestos typically consists of medical records, proofs of exposure, and work histories. The medical records should include mesothelioma diagnosis or any other asbestos-related illness. The victim's work history must reveal that they worked for an organization which manufactured, sold or used asbestos-containing products. The work history must reveal the specific asbestos-related work tasks and the date when exposure occurred.

The legal claims are based on strict liability, negligence, or product liability. In the majority of cases asbestos-related companies are accused of failing to exercise reasonable care when making and selling their products. This is especially the case when companies were aware of the dangers of asbestos, however, they failed to warn their workers or customers.

In certain circumstances punitive damages can be given. These damages are intended to punish asbestos companies for their negligent behavior and can add millions to a settlement. A skilled asbestos attorney knows how to secure additional funds and will fight for them, if needed.

A wrongful death suit is filed by the family members of a deceased person who died from an asbestos-related disease. A wrongful death suit can pay for funeral expenses, lost wages and other financial losses. It can also provide families peace of mind when a loved one passes away.

Expert Witnesses

Experts are often involved in asbestos-related cases. They possess the expertise, knowledge or experience to be competent to handle a specific subject. They provide information to a judge that isn't accessible to the general public. This is vital in proving a case because asbestos-related illnesses can be complex.

In mesothelioma cases expert witnesses are vital to prove that you suffer from this disease and also to prove that exposure to asbestos was the primary cause. An experienced mesothelioma attorney can help you find the right medical and economic experts for your case.

Expert witnesses can provide vital details about how asbestos is used in construction, the kinds of asbestos-related diseases that can be found and the effects they have on your life. They are often experienced in presenting their testimony in similar cases and have a high level of credibility. Expert witnesses usually have a degree in an area relevant to the particular case, like medical science or toxicology. They are also able to explain technical terms that the ordinary person might not be able to comprehend.

An expert witness may present evidence at trial that the materials impacted during a renovation could contain asbestos or that shaking off contaminated clothing resulted in the release of fibers (in a claim for secondary exposure). They can also offer advice on issues pertaining to the testing of asbestos materials, including the use of thermal imaging as well as the insuring of friable materials. Experts are certified as industrial hygienists or safety professionals, and have worked for municipalities, insurance companies and government agencies.

In addition to asbestos experts lawyers can also find specialists in the areas of construction, occupational health and safety and environmental management. These experts can assist with analyzing claims regarding construction defects as well as serious injuries, multifamily and commercial construction, as well as sewers and roads. They can also assist in assessing water damage as well as mold inspection and sample collection. They also provide insight into asbestos exposure assessments as well as benzene and solvent exposure assessment and dose reconstruction and other occupational safety issues. They are experienced with a variety of construction materials like concrete, masonry and wood asphalt, plastics, and metals.

Filing

It is important that you submit an asbestos claim if you or someone close to your heart has been exposed to asbestos. These claims are designed to compensate for medical bills, lost income, and funeral expenses. The process can be complex and time-consuming. It is best to consult an asbestos lawyer with years of experience. An experienced lawyer is knowledgeable of the laws that govern asbestos lawsuits in the state, and can help determine the best way to recover the maximum amount of financial compensation.

Personal injury and wrongful death are the two types of asbestos lawsuits. Personal injury lawsuits are filed by a person while they are still alive and are usually governed by their date of diagnosis. In the case of wrongful death, lawsuits are filed by family members after the death of loved ones due to an asbestos-related condition.

Asbestos-related victims can also make trust fund claims to get compensation from the companies responsible for their exposure to toxic substances. These claims are filed when a person is diagnosed with an asbestos-related illness like mesothelioma and lung cancer. These cases typically involve multiple trusts due to the fact that various companies have produced and sold asbestos-containing products.

An experienced attorney is able to file a claim using the proper asbestos compensation trust funds. The attorney will be able to access the database, which will identify the companies that exposed each person. This is important because it permits the attorney to determine all legal avenues that could be used to pursue compensation on behalf of a client.

Additionally, an attorney will make a claim against companies that fail to warn asbestos victims of the dangers of their products. These lawsuits are called "failure to warn" suits, and they are based on the idea that asbestos companies knew that their products were dangerous, yet did not put warnings on product labels or inform workers about the dangers associated with exposure.

An experienced mesothelioma lawyer can assist, regardless of the type lawsuit filed, to gather evidence on a patient's asbestos-exposure history as well as assist in filing an action within the statutes of limitation and ensure that the victim receives fair compensation. This includes punitive and compensatory damages as well as court fees and interest.