How to File an Asbestos Exposure Claim
A claim for asbestos exposure forces asbestos manufacturers to accept responsibility for their actions that have caused harm to millions of people over the years. The process can assist the families of victims receiving compensation for medical expenses, lost wages, and funeral expenses related to asbestos-related illnesses.
Workers who work with asbestos typically carry asbestos fibers to their home, primarily on their clothing and skin and expose their families to further exposure. This could lead to mesothelioma or other asbestos-related illnesses.
Medical Records
It is essential for patients diagnosed with mesothelioma, or another asbestos-related illness to keep all the medical records required. These records can help their lawyer prove that exposure to asbestos caused their disease and that they are entitled to compensation.
The law requires that plaintiffs have a pathology, imaging scans and doctor's statements tying the diagnosis with an asbestos-related disease. Lawyers also need a patient's history of work that could include an inventory of jobs and businesses. Workers who have been exposed to asbestos over the course of a long time, like those who work in the construction industry, are at a higher risk of developing mesothelioma or other diseases.
An experienced mesothelioma attorney can also assist with getting additional evidence such as a client's workers compensation claims as well as veterans' benefits and other financial accounts. These documents can provide valuable information about asbestos-related product manufacturers and employers.
If a person is diagnosed with mesothelioma through the physician, their attorney may bring a lawsuit for personal injury or wrongful deaths against asbestos-related product manufacturers. The statute of limitations varies from jurisdiction to jurisdiction. In New York State, for example legal action is required within three years from the date on which the victim realized (or was able to realize based on symptoms), that he or she was suffering from an asbestos-related illness.
In addition to taking legal action against manufacturers, victims can also pursue compensation from an asbestos trust fund. A mesothelioma lawyer will help you through the procedure.
It's also possible for victims or their family members to file a wrongful death lawsuit against their employer. This kind of lawsuit differs from a personal injury case and typically involves liens. Liens are financial agreements between an insurer of an accused and a family member or victim of a mesothelioma victim.
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 compensation for their losses, such as funeral expenses as well as lost wages, suffering and pain.
Work History
It is important to create an extensive work record in the event that you or someone you care about was exposed to asbestos. It can assist attorneys in determining the type of claim that is appropriate and the evidence required to support it.
Workers in a variety of trades were exposed to asbestos in the 20th century, which included those who worked in insulation, construction and shipyard work. Workers brought asbestos fibers home on their clothes which put families at the risk of developing mesothelioma later. A North Carolina mesothelioma attorney could examine your medical records or those of a loved ones to determine if a claim based on exposure from secondhand sources is feasible.
A mesothelioma lawsuit involves determining which companies are liable for asbestos victims' loss, such as funeral expenses, medical expenses and income loss. Lawyers can assist clients in obtaining documents such as pension or disability information from their employers, interviewing witnesses and creating a timeline.
If a mesothelioma patient dies before the case is settled, the victim's family can file a lawsuit for wrongful death in order to collect compensation. A wrongful death suit can also be filed to offset debts incurred from treatment and funeral costs and also provide financial security.
If required asbestos victims' lawyers can file claims against multiple defendants to ensure the full amount of settlement. This could include the company that supplied raw asbestos, asbestos product manufacturers and negligent employers. These companies knew that their products could cause harm, but did not warn workers or to safeguard them.
The EPA offers a range of resources for individuals and families who are dealing with illnesses related to asbestos. The TSCA Hotline, Asbestos Ombudsman and other resources are readily available. Patients suffering from mesothelioma and other asbestos-related diseases may also be eligible for compensation from trust funds created by the surviving spouses of asbestos victims.
Contrary to workers compensation, an asbestos lawsuit requires an attorney to represent the best interests of the client, not the employer. In the case of mesothelioma suit, this requires a skilled lawyer who is familiar with seeking compensation from trust funds or private insurance companies who have claimed that they are not responsible for exposing asbestos victims cancer-causing toxic substances.
Second-Hand Exposure
While the majority of mesothelioma cases involve firsthand exposure to asbestos however, secondhand (ambient) exposure can also be a risk factor. People may come into contact asbestos while washing their clothes, interacting furniture, or even interacting with someone who works with, or handles asbestos-containing material. These interactions can release toxic asbestos fibers in the air. people can take them in or ingest.
In the majority of cases, asbestos lawsuits involving asbestos exposure through secondhand sources require the assistance of an experienced attorney that is able to identify asbestos. Attorneys with experience handling these types of claims are able to review documents and talk with witnesses to determine the source of exposure. Lawyers can help asbestos victims to file a lawsuit and make sense of the state laws regarding liability.
In most instances, secondhand exposure to asbestos is the result of a blue-collar employee taking asbestos fibers home after working shifts. Workers brought these contaminated clothes hair and other equipment into their homes, where they would lounge on couches, use appliances and touch surfaces minutes or hours later. Contact with family members, like spouses and children exposed them to asbestos. They may not realize they were bringing carcinogenic substances into their homes. the tiny fibers would often get caught on clothing, hair and even on skin.
Trenton asbestos attorney can be filed by people who have come in contact with contaminated laundry, furniture or other products. This type of lawsuit typically requires the assistance of an asbestos lawyer, who can provide evidence such as clothing tags, medical records and asbestos tests. Lawyers can assist plaintiffs in identifying companies that made 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 than filing an individual lawsuit against a company, and it is often easier to obtain compensation from a trust fund instead of an employer.
Anyone who is eligible to receive funds from an asbestos trust fund should contact a mesothelioma legal firm immediately. These lawyers can determine if they are eligible to file a claim, determine the best jurisdiction or state to file the lawsuit, and manage the entire filing process.
Statute of limitations
The statute of limitation, which is the maximum amount of time in which one can file a lawsuit in the state of residence, is subject to change. In some states, the clock begins ticking when a patient is diagnosed with an asbestos-related disease, while in other states it begins when they are exposed for the first time.
A mesothelioma lawyer with experience can assist patients to understand their state's statute of limitations and how it affects the type of asbestos claim they are filing. Comprehensive medical records, employment histories and pertinent information about the product are required to establish an association between exposure and the asbestos-related disease. However, it's difficult to pinpoint a specific date of exposure since asbestos-related diseases are known to have a long period of latency.
A knowledgeable lawyer can evaluate a victim's medical and legal options, including filing an individual or group lawsuit against negligent asbestos-related companies. It could be a business that mined or manufactured asbestos-containing products or an employer that knew about employee exposure and did not protect them.
Compensation for an asbestos lawsuit that is successful can be used to pay medical bills, home care expenses, lost quality of life as well as suffering and pain, funeral costs and loss of family if a loved one has passed away from an asbestos-related illness. Companies who exposed asbestos workers to over $30 billion have set aside trust funds. Many mesothelioma sufferers have received financial compensation from these trust funds.
A mesothelioma lawyer is able to look over evidence relating to asbestos and decide the best method for you to file an asbestos suit regardless of whether it's for personal injury or wrongful deaths. An experienced lawyer can assist in determining where to file. The state in which the victim resided or worked as well as the location of asbestos-related companies could play a part in the filing requirements.
An experienced mesothelioma attorney will collect as much evidence as is possible to prove the client's claim. The evidence includes the medical records of the patient and employment records, as well as any asbestos-related products employed during the course of work. These documents are required to show that the exposure to asbestos of the victim led to their mesothelioma.