How to File an Asbestos Claim
An asbestos claim is an attempt to obtain financial compensation from a business or organizations responsible for asbestos exposure. People who have been diagnosed with mesothelioma, or other asbestos-related diseases can file for several types of claims.
Compensation damages are determined based on the severity of your symptoms as well as the amount of time you’ve been suffering. You may also qualify for VA disability benefits.
Statute of Limitations
When making an asbestos claim, it is important to consider the time limit. This is the time frame within which you have to sue people responsible for your injuries. Each state has its own statute of limitations. However, the rules generally are the same. The “clock” of the statute of limitations usually begins when you recognize or should have known that your injury is due to asbestos exposure. This date is typically the day you were diagnosed with mesothelioma or an asbestos-related disease. For some injuries, like mesothelioma or asbestosis, it can take many years before symptoms of the disease appear. This is because the signs of these diseases progress slowly over time.
As opposed to other personal injury claims, mesothelioma claims are often filed by people who have been exposed to asbestos for decades. The time limit for these cases differs. In most states, the statute of limitations starts when a person is diagnosed with mesothelioma. Mesothelioma is a rare type of cancer, is usually not discovered until months or even years after the initial exposure to asbestos.
Asbestos patients should make sure to get in touch with a top mesothelioma legal firm as soon as possible. This will help them avoid missing any deadlines, which can be very difficult for those suffering from a life-threatening illness.
In addition to the limitation period, asbestos victims should also be aware of the various laws of every state. The state where the victim is located can affect their case. This is particularly in the case of a victim who has moved after being exposed to asbestos. The location of the company that they worked for may affect their jurisdiction, and an attorney can help them determine where to file.
Another factor that affects mesothelioma claims is the discovery rule. This is a rule that allows the statute of limitation to begin when people discover the asbestos-related injuries they suffer, not when they are first diagnosed. This is crucial since mesothelioma takes a long time to manifest, and many people don’t recognize they have a condition until it is too late to file a claim.
Documentation
Mesothelioma victims and their loved ones may claim compensation through a variety of kinds of legal or insurance claims. Each type of claim has specific requirements to ensure that asbestos sufferers or their families receive the entire amount due to them.
A mesothelioma lawyer with experience can assist in determining the kind of claim an individual should make. This includes identifying the asbestos companies that are responsible for their exposure, and also gathering the required documentation to prove the relationship between asbestos exposure and mesothelioma diagnosis.
The documentation required for a claim involving asbestos includes medical records, proof of exposure and a documented work history. The medical records must include a diagnosis of mesothelioma, or a similar asbestos-related disease. The victim’s work history must indicate that they worked for a business which manufactured, sold or used asbestos-containing materials. The history of work must provide specific asbestos-related job duties and when the exposure occurred.
The legal claims are based either on strict liability, negligence or product liability. In the majority of lawsuits asbestos-related companies are accused of not exercising reasonable care when producing and selling their product. This was particularly evident when the companies were aware of the dangers associated with asbestos, but did not give proper safety information to their employees or customers.
In certain instances punitive damages can be awarded. These damages are intended to punish asbestos companies for their negligent behavior and could add millions of dollars to a settlement or a verdict. A skilled asbestos lawyer understands how to secure these money in the case and fight for them when needed.
A wrongful death lawsuit is filed by the family members of a deceased individual who was diagnosed with an asbestos-related disease. Compensation from a wrongful-death suit can help offset funeral expenses, lost income and other financial losses. It can also help a family gain peace of mind following the death of a loved ones.
Expert Witnesses
Asbestos-related cases usually involve experts, which are individuals with the knowledge of skills, experience, or education in a particular matter. They provide information to a court that is not readily available to the general public. This is essential in proving a case because asbestos-related diseases can be complicated.
In mesothelioma cases expert witnesses are vital to prove you suffer from this condition and to prove that your exposure to asbestos was a direct cause. A mesothelioma attorney can help you locate the best medical and economic experts to back your case.
Expert witnesses can provide essential details about the use of asbestos in construction, the different types of asbestos-related ailments that can be found and the effects they have on your life. Expert witnesses have been called to testify in similar cases before and are highly credible. An expert witness usually has the degree in a field relevant to the particular case, such as medical science or toxicology. They also have the ability to explain technical terms that an average person may not comprehend.
An expert witness may be called upon to testify in the trial that the materials that were disturbed during a renovation could contain asbestos or shaking out contaminated clothing caused fibers to be released (in the case of a claim for a secondary exposure). They can also provide guidance on asbestos-related issues, like the use of thermal images or the encapsulation of the friable material. Experts are certified as industrial hygienists, or safety experts and have worked in insurance companies, municipalities and government agencies.
The lawyer you choose to hire can also provide experts in the fields of construction, occupational safety and health, as well as environmental management. These professionals can assist in investigating claims involving construction defects or serious injuries, commercial and multifamily construction, and sewers and roads. They can also assist with assessment of water damage, mold inspection and sampling. They also provide insight into asbestos exposure assessments exposure, benzene and solvent assessment and dose reconstruction and other occupational safety issues. They are knowledgeable of a wide range of construction materials, including concrete wood, masonry, asphalt metals, plastics and drywall.
Filing
It is important that you submit an asbestos claim if you or someone close to your heart has been exposed to asbestos. These claims will pay for medical expenses, lost income and funeral expenses. However this process can be complex and time-consuming, so it is best to work with an experienced mesothelioma law firm. A seasoned lawyer is knowledgeable of the state laws governing asbestos lawsuits and can assist in determining the best method of obtaining the maximum amount of financial compensation.
There are two types of asbestos lawsuits, personal injury and wrongful death lawsuits. Personal injury lawsuits are filed by someone who is still alive and are typically controlled by the date of diagnosis. Families file wrongful death lawsuits after a loved one dies from an asbestos-related illness.
Asbestos-related victims may also file a trust fund claim to receive compensation from the companies that are responsible for their toxic exposition. These claims are made when an individual is diagnosed with an asbestos-related condition such as mesothelioma, or lung cancer. These cases typically involve multiple trusts because several companies manufactured and sold asbestos-containing product.
An experienced attorney can file a claim using the correct asbestos trust funds. The attorney will have access to a database that will identify the companies that exposed each person. This is important because it allows the attorney to pinpoint all legal avenues that could be used to pursue compensation on behalf of a client.
In addition, an attorney can sue companies that failed to inform asbestos victims of the dangers of their products. These lawsuits, sometimes referred to as “failure-to-warn” suits are founded on the belief that asbestos companies knew they were dangerous products but didn’t warn workers or make warnings visible on product labels.
A mesothelioma lawyer who is experienced can assist, regardless of the type lawsuit that is filed, to collect documentation regarding the history of asbestos exposure for a patient, assist in filing a suit within the statutes of limitations, and ensure that the victim is awarded an amount that is fair. This includes compensatory damages, punitive damages, court costs and interest on any unpaid claim amount.
