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How to File an Asbestos Claim A legal action is initiated against companies who exposed a person or a company to asbestos. The statute of limitations is a time limit within which lawsuits have to 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 estate may continue the case under the doctrine of wrongful death. Work History Asbestos victims need to give their lawyer documents that clearly state the date of their exposure to asbestos, what their job involved and the length of time. This will enable the lawyer to establish a direct link between the asbestos exposure and the victim’s health condition. Without the correct evidence an asbestos lawsuit might not be able to move forward. Asbestos is most likely be found in industrial environments. However, exposure to asbestos is common in schools, churches, hospitals, military bases and private homes. Asbestos can be found in shingles, pipes insulation, fireproofing, and insulation materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory problems and illnesses such as mesothelioma. Many of the companies who produced asbestos knew of its dangers, but decided to keep the information secret. This was a choice made to boost profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate people who were diagnosed with mesothelioma and the other ailments caused by exposure. A lawsuit against a company that produces asbestos can be a complicated process. Because asbestos is no longer in use, it can be difficult to determine the parties responsible. There are a number of laws that can help 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. Asbestos victims are usually compensated by asbestos trust funds. These are funds that are established to help injured victims get compensation if the businesses responsible for their exposure have gone under. An experienced attorney who is skilled in asbestos litigation can negotiate these funds to ensure the maximum compensation. Families of those who have died from mesothelioma or another asbestos-related disease, can bring wrongful death lawsuits. This type of lawsuit seeks to recover the unpaid funeral costs, medical expenses and loss of income of the deceased. These lawsuits also seek to hold asbestos companies responsible for their wrongful conduct. Testimonials If you've been diagnosed with mesothelioma or another asbestos-related illness, you may file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove that the businesses harmed you. This includes medical proof of your diagnosis as well as asbestos product identification. As it is common that plaintiffs have had exposure to different asbestos products throughout their lives, many lawsuits involve multiple defendants. A lawyer who specializes in mesothelioma claims will be able to find the right defendants for your case even if these businesses have gone 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 cases and helped resolve asbestos litigation worth more than $2 billion. Law firms that specialized asbestos litigation would “bundle” clients together to file lawsuits in bulk. The idea was to overburden the legal system and benefit lawyers. According to the U.S. Department of Justice this biased approach to litigation has harmed plaintiffs. It also has drained funds that could have been available to people who are likely to develop more serious illnesses in the near future. The current compensation system requires that attorneys categorize claims based on diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. These changes, along with the fact some states have implemented reforms to tort law that have led to a stricter medical criterion and an inactive docket have led to a decrease in the number of new claims that were filed from 2004 to 2006. You can also file wrongful death lawsuits for family members of a loved one who died who died as a result of asbestos exposure. New York state laws allow families to take legal action within three years of when they knew (or should have known) of the injury. In other states the statutes of limitations differ, with New Jersey and Pennsylvania requiring legal action within two years. Statute of Limitations A statute of limitations is a law that establishes the deadline for filing a legal claim. These deadlines vary by state. The deadlines are typically determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are a variety of factors that can complicate the rules. Many people who have been exposed to asbestos do not realize they have been diagnosed with a condition until decades after their initial exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. It is important that mesothelioma patients and their families file a lawsuit immediately due to the latency period. The statute of limitations differs from state to state but generally begins with the date of diagnosis. There are also states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims. Asbestos patients and their families should consult a mesothelioma attorney immediately. The lawyer can review all potential sources of compensation and offer suggestions on where, how and when to file. A mesothelioma lawyer could assist in cases where the statute has expired. Mesothelioma lawyers may suggest alternatives for obtaining compensation even when the statute of limitations has expired, such as trust fund claims or other sources of financial assistance. They might 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, the statute of limitations begins when they are diagnosed with a related condition, such as asbestosis or lung cancer. Some states have “discovery statutes” that apply the same as the statutes of limitations that are used in traditional cases however they begin with the date of diagnosis, not exposure. Mesothelioma attorneys should always discuss limitations statutes with their clients and loved ones. A mesothelioma lawyer can explain state law, as well as situations where the statute of limitations can be tolled or suspended. Hire a Lawyer Asbestos lawyers know how to navigate the maze of asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome. Asbestos claims are different from other personal injury cases. The exposure to asbestos occurred years ago, and a lot of the companies affected have been closed or have filed for bankruptcy. Many workers who were exposed to asbestos don't remember where they worked and it is difficult for them identify the exact locations they could have been in. This is where an experienced attorney is essential because they can make use of the resources available to him or his disposal to discover the names of the companies which were exposed as well as the dates they worked for them. Once the asbestos attorney has a better idea of where 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 crucial that the asbestos lawyer is able to establish the causation part of the case, as without it, the victim may not be eligible for compensation. A mesothelioma lawyer will be able to collect the information required to bring a lawsuit against asbestos as well as an appeal to a trust fund for the victim. This includes gathering information about the victim's job or work-related asbestos-related injuries as well as medical records. Also, it includes the testimonials from other victims. A mesothelioma lawyer should be aware of the different types of financial aid that are available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits. Employing an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or any other asbestos-related disease. An attorney can help determine what type of claim they should make and help them fill out the paperwork. Albany asbestos lawsuit experienced mesothelioma lawyer will also help people with other asbestos-related illnesses to file for compensation, including trust fund and VA claims.