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How to File an Asbestos Claim An asbestos claim is a legal action brought against businesses that exposed a person 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 alive or their families. When a plaintiff passes away and their estate representative is appointed, they can continue the case under wrongful death. Work History Asbestos-related victims need to provide their lawyer documents that clearly state 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 link between exposure to asbestos and the victim's illness. Without the proper evidence that an asbestos lawsuit has, it may not be able to move forward. Those who work in an industrial setting are most likely to be exposed to asbestos. The exposure can also be found in schools and churches as well as hospitals, bases of military, as well as private residences. Asbestos can be found in fireproofing, insulation pipes, shingles, and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma for those who are exposed to asbestos. Many companies that produced asbestos were aware of its dangers however they decided to remain silent about the dangers. This was done in order to ensure the safety of the industry and to increase profits. The companies didn't begin to compensate people who contracted mesothelioma and other ailments because of asbestos exposure until the first lawsuits were filed. A lawsuit against a business which manufactures asbestos is a complicated task. Because asbestos is no longer used it can be difficult to identify the responsible parties. However, there are a variety of laws that can help victims identify the companies responsible for their exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act. Asbestos trust funds are usually accountable for the payment of asbestos victims. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone under. In these instances an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the maximum amount of compensation that is possible. These cases are filed by relatives of those who died due to mesothelioma or an asbestos-related disease. This type of claim seeks compensation for unpaid funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies responsible for their negligence. Testimonials Once you have been diagnosed with mesothelioma, or another asbestos-related disease, you can file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical proof of your diagnosis and the identification of asbestos products. Because it is commonplace for plaintiffs have been exposed to various asbestos-related products throughout their lives Many lawsuits involve multiple defendants. A lawyer who is specialized in mesothelioma cases will be able find the right defendants in 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. He has also helped resolve over $2 billion of asbestos litigation. In the past lawyers who were specialized in asbestos litigation would solicit clients and then “bundle” them together into groups to file lawsuits in massive quantities. The idea was to overburden the judiciary and enrich the lawyers. This skewed approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. It also has drained funds that could have been made available to individuals who are expected to develop more serious illnesses in the near future. The current compensation systems require that attorneys classify claims based on diagnosis. This has led to an increase in the number of mesothelioma lawsuits. Combined with the fact that some states have enacted tort reforms that have resulted in stricter medical criteria and an inactive docket, these changes have led to the decrease in new claims being filed between 2004 and the year 2006. In addition to mesothelioma lawsuits, you can file wrongful death claims for family members who have lost loved ones due to asbestos exposure. New York law allows families to bring lawsuits within three years from the time they were aware (or should have been aware) of the injury. In other states the statutes of limitations are different in New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitation is a law that sets the deadline to file an claim. These deadlines differ by state. These deadlines usually are determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are several factors which could make it difficult to determine the correct rules. Many people who have been exposed to asbestos do not realize of the existence of a condition for a long time following the initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. Due to the latency period, it is important for mesothelioma patients and their families to make a claim as soon as possible. The time limit for a statute of limitations varies from state to state, but generally begins with the date of diagnosis. There are also states with different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims. Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is possible. The lawyer can review all possible sources of compensation and offer guidance on where, how and when to file. A mesothelioma lawyer can assist in cases where the statute is expired. Lawyers for mesothelioma can suggest ways to get compensation, even if the statute has expired. These include trust fund claims and other sources of financial assistance. They might be able to file the claim in a place where the statute has not expired. If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related condition, such as asbestosis or lung cancer. Certain states have “discovery statutes” that apply the same as traditional statutes of limitations, but start at the date of diagnosis, not the date of exposure. Mesothelioma attorneys should always discuss limitations statutes with their clients and loved family members. An attorney for mesothelioma can explain the state law as well as the circumstances in which the statute of limitations could be tolled or suspended. Employ a lawyer Asbestos attorneys know how to navigate the complicated asbestos litigation. They will work with other attorneys to ensure that your case gets the most favorable outcome. Asbestos claims differ from other personal injury cases. The asbestos exposure took place years ago, and a lot of those companies have gone out of business or have filed for bankruptcy. Many workers who were exposed to asbestos don't remember the places they worked in and it is difficult for them identify the places they might have been in. Austin asbestos lawyers is where an experienced attorney is critical because they will be able to use the resources available to him or his disposal to determine the name of the companies that were harmed and the dates that they worked at. After the asbestos lawyer has a better understanding of where the person was exposed and what they did and what they did, he or she can then engage medical experts to examine the evidence and write reports on how exposure to asbestos led to the mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation aspect of the case, because without it, the victim may not be eligible for compensation. A mesothelioma attorney will also be able to collect the information needed to make a claim against asbestos and an appeal to a trust fund for the victim. This includes gathering information on the victim's work, asbestos-related injuries and medical records. It also includes testimony from other victims. A mesothelioma lawyer should be acquainted with the various kinds of financial assistance available to patients and their families. This includes disability insurance, health insurance insurance, and Social Security benefits. Employing an experienced asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or another asbestos-related illness. A lawyer can help people determine the type of claim they should submit and assist them in filling the necessary paperwork. An experienced mesothelioma lawyer can assist those suffering from other asbestos-related illnesses to file claims for compensation, which includes trust fund and VA claims.