How to File an Asbestos Exposure Claim
A claim for asbestos exposure compel asbestos manufacturers to accept responsibility for their actions that have caused harm to millions of people over the many years. This process can aid families of victims get compensation for medical expenses, lost income, and funeral expenses that are related to asbestos-related diseases.
The people who work with asbestos often bring asbestos fibers to their homes on their clothes and skin, exposing family members to a second exposure. This can lead to mesothelioma and other asbestos-related diseases.
Medical Records
It's important for patients diagnosed with mesothelioma, or another asbestos-related illness to have all the medical records required. These records will aid their lawyer prove that exposure to asbestos caused their disease and they should be compensated for it.
The law requires that plaintiffs submit a pathology report, scans of imaging and a doctor's note that the diagnosis is due to an asbestos-related health issue. Lawyers will also need the history of employment for the patient, including the names of the companies and jobs. People who were exposed to asbestos for extended periods of time, for example those working in the construction industry, face a greater risk of developing mesothelioma and other ailments.
An experienced mesothelioma attorney can also assist with getting additional evidence like a client's workers compensation claims or veterans' benefits, as well as other financial accounts. These documents can provide important clues about asbestos product manufacturers and employers.
If the victim is diagnosed with a mesothelioma cancer, the victim's lawyer can make a personal injury or wrongful death lawsuit against asbestos product manufacturers. The statute of limitations varies from one jurisdiction to the next. For instance, in New York State, legal action must be filed within three years of when the victim was aware (or should have known based on symptoms) that he or she had an asbestos-related disease.
Victims can also seek out compensation from a trust fund to compensate for asbestos, in addition to taking legal action against the manufacturer. The process can be complex, but a mesothelioma attorney will manage every aspect of the claim.
It's also possible for victims or their family members to file a wrongful death lawsuit against the employer. This type of lawsuit is different from a personal injury claim and usually involves lien. Liens are financial agreements between an insurer of an accused and a family member or a victim of a mesothelioma sufferer.
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 patients and their families could be entitled to compensation for their losses. This could include funeral costs along with lost wages, pain and discomfort.
Work History
If you or a loved one was exposed to asbestos, establishing a detailed work history is important. It can help attorneys determine what type claim is appropriate and the evidence required to support it.
Workers in many trades were exposed to asbestos during the 20th century, including those who worked in construction, insulation and shipyard work. These workers brought loose asbestos fibers home on their clothing and put their families at risk of developing mesothelioma years later. A North Carolina mesothelioma lawyer could look over your or a loved one's medical documents and work history to determine whether a claim for exposure from a secondhand source could be possible.
A mesothelioma case involves determining which companies are responsible for the asbestos victims' loss, such as funeral expenses, medical expenses and income loss. Lawyers can assist clients in obtaining documents like company pension or disability information, as well as interview witnesses and create an outline of the events.
If a mesothelioma victim died before the case was resolved the family may bring a wrongful death lawsuit to recover compensation. A wrongful-death suit can be filed to pay funeral and treatment expenses, and to secure financial security.
Asbestos victims' attorneys may make claims against multiple defendants if necessary to ensure full compensation. This includes the company that supplied raw asbestos, the manufacturers of asbestos-related products as well as negligent employers. These companies knew that their products caused harm but failed to warn workers or to safeguard them.
The EPA offers a number of resources to families and individuals who suffer from asbestos-related illnesses. The TSCA Hotline, Asbestos Ombudsman and other resources are readily available. Trust funds established by survivors of spouses or asbestos victims could offer compensation to those who suffer from asbestos-related illnesses like mesothelioma.
In contrast to workers compensation asbestos lawsuits require an attorney to represent not the employer, but the plaintiff. In the case a mesothelioma case is required, this means finding an attorney who has expertise in seeking compensation from trust funds or private insurers who have denied responsibility of exposing asbestos victims cancer-causing substances.
Secondhand Exposure
While the majority of mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can also be an important risk factor. Individuals may come into contact with asbestos while doing laundry, interacting with furniture or having physical contact with someone who works or handles asbestos-containing products. These interactions can release harmful fibers in the air where people can breathe them in or ingest.
In the majority of cases, asbestos lawsuits that involve secondhand asbestos exposure require the assistance of an experienced attorney that is able to identify asbestos. Attorneys who have handled these types of claims will be in a position to look over the records and talk with witnesses in order to identify the source. Lawyers can help asbestos victims make a claim and comply with state laws regarding liability.
Secondhand asbestos exposure is mostly when blue-collar employees carry asbestos fibers back home after their shifts. Workers brought their contaminated hair, clothing, and equipment home, where they were on couches or used appliances and brushed against surfaces for a few minutes or even hours later. Contact with family members, including spouses and children exposed them to asbestos. The people probably did not realize they were bringing carcinogenic materials in their homes. Merced asbestos lawsuits , insignificant fibres would usually be sucked into hair, clothing and even skin.
Anyone who has come into contact with contaminated furniture, laundry or other objects can make an asbestos claim. These types of lawsuits usually require the assistance 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 made asbestos-containing products.
Asbestos victims can also bring a lawsuit against asbestos trust funds that pay relatively fixed amounts for mesothelioma and other asbestos-related diseases. This process is less complicated than filing a lawsuit against individual companies and is usually easier to obtain compensation from a trust fund instead of an employer.
Anyone who is eligible to receive funds from an asbestos trust fund should contact a mesothelioma law firm as soon as possible. They can assess eligibility to file a claim, determine the most appropriate state or jurisdiction for the lawsuit and oversee the entire process of filing.
Statute of Limitations
The statute of limitations, which determines the maximum time a person must bring a lawsuit, may differ by state. In some states, the clock begins to tick when a patient is diagnosed as having an asbestos-related disease, whereas in other states it begins when they are first exposed.
A knowledgeable mesothelioma lawyer can help patients understand their state's statute of limitations and how it relates to the type of asbestos claim they are filing. Comprehensive medical records, employment histories and relevant information about the product are required to establish an association between exposure to asbestos and the disease. However, it is difficult to determine a precise date of exposure due to the fact that asbestos-related diseases are known to have a long latency period.
A lawyer who is experienced can help victims understand their legal and medical options. This could include filing a lawsuit against negligent asbestos companies. This could include a business which mined asbestos, produced products that contain asbestos, or a negligent employer that knew about asbestos exposure but failed to protect workers.
A successful asbestos lawsuit can be used to pay medical expenses, home care expenses, lost quality of life, pain and suffering as well as funeral costs and loss in consortium if your loved one passed away from an asbestos-related disease. Companies who exposed asbestos workers to more than $30 billion have set trust funds. Most mesothelioma patients have received financial compensation from these trust funds.
A mesothelioma lawyer can review asbestos-related proof and determine the best method for you to file an asbestos lawsuit regardless of whether it's for personal injury or wrongful deaths. An experienced lawyer can assist you in deciding where to file. The state in which the victim was residing or working or worked, as well as the location of asbestos-related companies may play a role in the filing requirements.
An experienced mesothelioma lawyer will collect as much information as they can to support the client's case. The evidence includes the patient's medical records as well as the employment record of the patient and any asbestos-related products used on the job. These documents are required to demonstrate that the exposure to asbestos of the victim caused mesothelioma.