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How to File an Asbestos Claim A legal action is taken against companies who exposed a person to asbestos. The statute of limitations is a time period within which lawsuits must be filed. Asbestos lawsuits can be brought by living victims or their families. When a plaintiff passes away the estate representative of their estate may continue the case despite the wrongful death. Work History Asbestos victims need to give their lawyer documents that clearly specify the date they were exposed to asbestos, what their job was and the length of time. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim's disease. A lawsuit involving asbestos may not be successful if evidence is lacking. People who work in a workplace are most likely to be exposed to asbestos. The exposure can also be found in churches and schools and hospitals, as well as bases of military, as well as private homes. Asbestos can be found in fireproofing, insulation, pipes and shingles. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma in people who are exposed to this material. Many companies that produced asbestos were aware of its dangers, but chose to not speak about it. This was done to safeguard the industry and increase profits. It wasn't until the first asbestos lawsuits were filed that these companies started to pay compensation to those who were diagnosed with mesothelioma and the other diseases caused by exposure to asbestos. A lawsuit against an asbestos company can be a difficult task. Because asbestos is no longer in use it can be a challenge to determine who is responsible. However, there are many laws that can help victims identify the companies that are responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples. Asbestos trust funds are generally responsible for compensating asbestos victims. These funds are set up to help victims receive compensation when the companies responsible for their exposure have gone bankrupt. In these cases an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the most amount of compensation that is possible. The cases of wrongful death are filed by the family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks compensation for unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits are also designed to hold the responsible asbestos companies accountable for their wrongful conduct. Testimonials If you've been diagnosed with mesothelioma or an asbestos-related illness, you may bring a lawsuit against the businesses that put you in harm's way. Your legal team will collect evidence to prove the companies who caused you harm, such as medical proof of your diagnosis and the identification of asbestos products. Many lawsuits involve dozens or more defendants, as it's common for plaintiffs to be exposed to different asbestos-related products over the course of their career. A lawyer with a specialization in mesothelioma claims will be able to find the appropriate defendants for your case even if these businesses have been declared bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. The firm has helped settle more than $2 billion worth of asbestos litigation. Law firms that specialized asbestos litigation would “bundle” clients to file lawsuits on a mass basis. The goal was to overwhelm the judiciary and enrich the lawyers. According to the U.S. Department of Justice, this skewed litigation approach has harmed plaintiffs. The result is that funds are being drained that could have been made available for individuals who will develop more serious illnesses in the future. The current compensation system requires that attorneys categorize claims based on the diagnosis. This has led to the reduction of mesothelioma lawsuits being filed. This is in addition to the fact that certain states have passed tort reforms which have resulted in stricter medical criteria and an inactive docket, these changes have contributed to a decrease in new claim filings between 2004 and 2006. In addition to mesothelioma lawsuits you can also claim wrongful death compensation for family members who have lost loved ones due to asbestos exposure. New York law allows families to bring a lawsuit within three years of the date they learned (or should have been aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years. Statute of limitations A statute of limitations is a law that imposes a time limit for filing an action in court. These deadlines differ by state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. There are several factors which can make it difficult to follow the rules. Many people who have been exposed to asbestos do not know they have been diagnosed with a condition until decades after their first exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. Because of the latency period, it is important for mesothelioma sufferers and their families to file a lawsuit as soon as possible. The time limit for a statute of limitations varies from state to state but in most cases it starts with the date of diagnosis. Las Cruces asbestos attorney have different statutes for personal injury and wrongful death claims. In general, wrongful death statutes of limitation are shorter than personal injury ones. Asbestos patients and their families must hire mesothelioma lawyers immediately. The lawyer will be able to evaluate all potential sources of compensation and offer guidance on the best way, where and when to file. A mesothelioma lawyer could also help if the statute has expired. Mesothelioma lawyers can suggest options for obtaining compensation even if the statute of limitations has run out for trust fund claims or other sources of financial assistance. They might be able to file the claim in a place in which the statute of limitations 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 illness like asbestosis or lung cancer. Certain states have “discovery” statutes that have the same effect as a traditional statute of limitations, but start with the date of diagnosis instead of the original exposure. Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can explain the laws of the state as well as specific situations in which the statute of limitations can be suspended or tolled. Employ a lawyer Asbestos lawyers know how to navigate through the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case is given the best possible result. Asbestos claims are distinct from other personal injury cases. The main reason is because asbestos exposure occurred years ago, and a lot of the companies exposed have either declared bankruptcy or gone out of business. Many times, those who were exposed don't even remember where they worked, and it's difficult for them to determine the locations where they may have been exposed. A knowledgeable attorney can assist you in this regard as he or she will be able to use the resources available to him/her for determining which companies were exposed and when they worked there. When the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he will be able to have medical experts review and prepare reports on the causes of mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation element of the case as without it, the victim might not be able to claim compensation. A mesothelioma lawyer will also be able gather the information required to make a claim against asbestos and a trust fund claim for the victim. This includes gathering information about the victim's work and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma attorney should also be familiar with the various types of financial aid that are available to victims and family members. This includes health insurance, disability insurance, and Social Security benefits. Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma, or other asbestos-related illness. A lawyer is able to help individuals decide which claim is best for them and help them file the appropriate documents. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.