How to File an Asbestos Exposure Claim
A claim of asbestos exposure requires asbestos manufacturers to accept the responsibility for their actions which have caused harm to millions of people over the many years. The process can assist victims and their families in receiving compensation for medical expenses, lost wages, and funeral costs related to asbestos-related diseases.
People who work with asbestos frequently bring asbestos fibers to their home, primarily on their skin and clothing which exposes their family members to a second exposure. This could lead to mesothelioma and other asbestos-related diseases.
Medical Records
Medical records are essential for patients suffering from mesothelioma or other asbestos-related diseases. These records can help their lawyer prove that exposure to asbestos caused their illness and they deserve compensation.
The law requires plaintiffs to have a pathology, imaging scans and doctor's declarations linking the diagnosis to an asbestos-related disease. Lawyers will also require the history of employment for the patient, including an inventory of employers and jobs. Workers exposed to asbestos over a long period of time, for example, those who work in the construction industry are at a greater chance of developing mesothelioma and other ailments.
A mesothelioma lawyer with experience can also help obtain additional evidence, such as workers compensation claims, veteran's benefits and other financial documents. These documents can give valuable clues about asbestos product manufacturers and employers.
If a victim is diagnosed with mesothelioma through an expert doctor, their attorney can bring a lawsuit for personal injury or wrongful deaths against asbestos product manufacturers. Legal action must be taken within the statute of limitations that is different for each region. For example in New York State, legal action must be filed within three years of when the victim realized (or should have known from the signs) that he or she had an asbestos-related condition.
In addition to pursuing legal action against a manufacturer, victims can also seek compensation from an asbestos trust fund. The process isn't easy however a mesothelioma lawyer will take care of every step of the claim.
It is also possible for the victims or their families to file a wrongful death lawsuit against an employer. This kind of lawsuit is different from a personal injuries claim and usually involves the use of liens. Liens are financial agreements between a defendant's insurer and mesothelioma victims or their family.
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 are able to recover compensation for their losses, like funeral expenses and lost wages as well as pain and suffering.
Work History
It is crucial to make an extensive work record in the event that you or someone you care about was exposed to asbestos. It can help lawyers determine the type of claim that is appropriate and what evidence will be required to support it.
During the 20th century asbestos was widely used in trades, such as shipyards, construction, and insulation. Workers brought asbestos fibers home on their clothes which put families at risk of developing mesothelioma years later. A North Carolina mesothelioma lawyer could review your or someone else's medical records and work history to see whether a secondhand exposure claim is possible.
A mesothelioma suit involves determining which companies are liable for the asbestos victims' loss, such as medical expenses, funeral costs and lost income. Lawyers can help clients obtain documents like company pension or disability information, and also interview witnesses and create a timeline of events.
If a mesothelioma sufferer dies before their case is resolved, the victim's family may file a lawsuit for wrongful deaths to seek compensation. A wrongful death suit can be filed to cover funeral and treatment costs, and to ensure financial security.
If needed, asbestos victims' attorneys can file claims against a variety of defendants to receive complete settlement. This includes the company that supplied asbestos in the form of raw asbestos as well as asbestos product manufacturers and negligent employers. These companies knew their products were harmful, but did not warn workers or take precautions to protect them.
Columbia asbestos attorneys offers a variety of resources for individuals and families who are dealing with illnesses that are caused by asbestos. These include the TSCA Hotline and Asbestos Ombudsman. Trust funds set up by the spouses of survivors or asbestos victims could compensate those who suffer from asbestos-related diseases like mesothelioma.
In contrast to workers' compensation asbestos lawsuits require an attorney to represent not the employer, but the plaintiff. In the case of a mesothelioma case, this means finding an attorney who has experience in seeking compensation from trust funds or private insurers who have denied the responsibility of the exposure of asbestos victims to cancer-causing substances.
Secondhand Exposure
While the majority of mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can be a risk factor. It is possible for people to come into contact with asbestos while washing clothes or interacting with furniture, or interacting with people who work with, or handles asbestos-containing material. These interactions can release toxic fibers into the air and others may breathe or inhale them.
Asbestos lawsuits that involve exposure to asbestos from secondhand sources usually require the assistance of an experienced lawyer who is skilled in tracing asbestos exposure. Attorneys who have handled these kinds of cases will be able to review documents and speak with witnesses to determine the source. Attorneys can also help victims file a lawsuit against asbestos and navigate state laws on liability.
Secondhand asbestos exposure occurs typically when blue-collar workers bring asbestos fibers at home after working shifts. Workers brought their contaminated hair, clothing and other equipment home where they were on couches, used appliances, and touched surfaces minutes or even hours later. The contact with family members, including spouses and children, exposed them to asbestos. The people probably did not know they were bringing in carcinogenic materials into their homes. the small, minuscule particles would be sucked up on hair, clothing and even on skin.
Individuals who have come into contact with contaminated furniture, laundry or other items can file an asbestos claim. These kinds of lawsuits typically require the help of an experienced asbestos lawyer who can provide evidence such as clothing labels as well as medical records and asbestos tests. Lawyers can help plaintiffs identify companies that produced asbestos-containing products.
Asbestos sufferers can also file a lawsuit against asbestos trust funds that pay relatively stable amounts for mesothelioma as well as other asbestos-related diseases. It is easier than filing suit against companies individually and it is easier to obtain compensation from a trust fund instead of an employer.
Individuals who qualify for money from an asbestos fund should contact a law firm which is specialized in mesothelioma right away. These lawyers can determine if they are eligible to file a claim, determine the most suitable state or jurisdiction for the lawsuit and handle the entire process of filing.
Statute of limitations
The statute of limitation, which is the longest amount of time that one can file a lawsuit in a particular state, can differ. In some states, the clock starts ticking when a patient is diagnosed with an asbestos-related disease, while in other states it starts when they are exposed for the first time.
A mesothelioma lawyer with experience can assist patients to understand the statute of limitations for their state and how it applies to the type of asbestos claim they are filing. Complete medical records, employment history and relevant information about the product are needed to show the connection between exposure and the asbestos-related disease. It is difficult to pinpoint a specific date of exposure due to the long time between the onset of asbestos-related illnesses.
A skilled lawyer can help victims understand their legal and medical options. This could include bringing a lawsuit against negligent asbestos-related companies. It could be a business that mined asbestos or made asbestos-containing products, or an employer who knew about employee exposure and failed to protect them.
A successful asbestos lawsuit can pay for medical expenses, home care expenses, lost quality of life, pain and suffering and funeral expenses and loss in the family unit if your loved one passed away due to an asbestos-related disease. More than $30 billion has been set aside in trust funds by companies that exposed their workers to asbestos. Most mesothelioma patients have received financial compensation from these trust funds.
A mesothelioma lawyer who is specialized can examine evidence related to asbestos and determine the best method to start an asbestos lawsuit, either for personal injury or the cause of death. A lawyer with experience can help determine the right place to file. The state in which the victim was residing or working or worked, as well as the location of asbestos-related companies could be a factor in the filing requirements.
An experienced mesothelioma lawyer will gather as much information as possible to support the client's claim. This includes a patient's detailed medical records, employment history and the names of any asbestos-related items that were used on the job site. These documents are needed to prove that the asbestos exposure of the victim resulted in their mesothelioma.