How to File an Asbestos Exposure Claim
A claim for asbestos exposure requires asbestos manufacturers to be accountable for their actions, which have hurt millions of people over the course of decades. The process can aid families of victims receive compensation for medical expenses, lost income, and funeral costs associated with asbestos-related illnesses.
Workers who work with asbestos often bring asbestos fibers home on their clothes and skin which exposes family members to secondary exposure. This could lead to mesothelioma or other asbestos-related diseases.
Medical Records
All medical records are vital for patients suffering from mesothelioma or any other asbestos-related illness. These records will aid their lawyer prove that asbestos exposure has caused their condition and they deserve compensation.
The law requires that plaintiffs have an images scans, and a physician's declaration that the diagnosis is due to an asbestos-related health issue. Lawyers will also require the history of employment for the patient and an inventory of employers and jobs. People who were exposed to asbestos for extended periods of time, like those working in the construction industry, are at an increased risk of developing mesothelioma and other ailments.
A mesothelioma lawyer who has experience can also help obtain additional evidence such as workers compensation claims, veteran's benefits and other financial records. These documents can give valuable information about asbestos product manufacturers or employers.
If the victim is diagnosed with mesothelioma, his or her attorney can make an injury-related or wrongful death lawsuit against asbestos product makers. Legal action must be taken within the time limit of the statute of limitations that is different for each jurisdiction. In New York State, for instance, legal action is required within three years from the date on which the victim discovered (or should have realized based on symptoms) that he or she had an asbestos-related disease.
Victims may also seek compensation from a trust fund to compensate for asbestos, in addition to taking legal action against the manufacturer. The process isn't easy, but a mesothelioma attorney will handle 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 differs from a personal injury claim and typically involves the use of liens. Liens are financial agreements between the insurer of a defendant and a mesothelioma victim 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 may be able to claim compensation for their losses, including funeral expenses and lost wages as well as suffering and pain.
Work History
It is important to create a detailed work record if you or someone you love were exposed to asbestos. It can help lawyers determine which type of claim is appropriate and what documents will be required to prove it.
Many tradesmen were exposed to asbestos throughout the 20th century, including those working in construction, insulation, and shipyard jobs. Workers often brought home loose asbestos fibers that remained on their clothing and put their families at risk of mesothelioma that would develop later in life. A North Carolina mesothelioma lawyer could look over your or someone else's medical records and work history to determine whether a secondhand exposure claim could be possible.
A mesothelioma case involves determining which companies are liable for asbestos victims' losses, such as funeral costs, medical expenses and lost income. Lawyers can help clients in getting documents such as pension or disability information from their employer, interviewing witnesses and creating a timeline.
If a mesothelioma sufferer dies before their case is settled, the victim's family may file a suit for wrongful death to recover compensation. A wrongful death suit can be filed to help offset debt from the cost of funeral and treatment costs, and also provide financial security.
Asbestos victims' attorneys may make claims against multiple defendants in order to secure full recovery. This includes the company who provided raw asbestos as well as asbestos product manufacturers and negligent employers. These companies knew that their asbestos products could cause harm, but did not warn or safeguard workers.
The EPA offers a number of resources to individuals and families dealing with asbestos-related ailments. The TSCA Hotline, Asbestos Ombudsman and other resources are accessible. Patients suffering from mesothelioma and other asbestos-related illnesses can also receive compensation from trust funds established by the surviving spouses of asbestos victims.
Unlike workers compensation and asbestos lawsuits, asbestos lawsuits require an attorney to represent the best interests of the client not the employer. In the case of a mesothelioma case, that requires a skilled lawyer who is experienced in seeking compensation from trust funds or private insurance companies that have claimed that they are not responsible for exposing asbestos patients to cancer-causing toxic 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. People can come in contact with asbestos while doing their laundry, interacting furniture, or interacting with someone who works with, or handles asbestos-containing material. These interactions can release harmful fibers into the air, where others can inhale them or swallow them.
Asbestos lawsuits involving secondhand exposure typically require the help of an experienced attorney who is able to track asbestos exposure. Attorneys who have handled these kinds of claims will be competent to review the records and talk with witnesses in order to identify the source. Attorneys can also help victims file a asbestos lawsuit and navigate state laws on liability.
In most cases, secondhand asbestos exposure is the result of blue-collar workers taking asbestos fibers home after their shifts. Workers would bring the contaminated clothes hair, equipment and clothing into their homes where they would lounge on couches, use appliances and touch surfaces for hours or minutes. The contact with family members, such as spouses and children exposed them to asbestos. The people probably did not know they were bringing carcinogenic substances into their homes, and the small, minuscule fibers would often get caught on hair, clothing and even skin.
Asbestos claims can be filed by people who have come in contact with contaminated clothing, furniture or other products. These types of lawsuits usually require the assistance of an experienced asbestos lawyer who can provide evidence such as clothing labels, medical records and asbestos tests. Lawyers can assist plaintiffs in identifying companies that made asbestos-containing products.
Asbestos sufferers can also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma sufferers and others with asbestos-related illnesses. It is easier than filing a lawsuit against individual companies and it is simpler to get compensation from a trust fund instead of an employer.
Individuals who are eligible to receive funds from an asbestos trust fund should contact a mesothelioma legal firm right away. Grand Prairie asbestos lawyers can determine if they are eligible for filing an action, decide which state or region is best to file the lawsuit and handle the entire process.
Statute of Limitations
The statute of limitation, which is the maximum amount of time an individual has to file a lawsuit in a state, can vary. In certain states, the clock begins in the moment the patient is diagnosed of an asbestos-related disease and in other states the clock starts the moment they are first exposed.
A mesothelioma lawyer with experience can assist patients in understanding the statute of limitations for their state and how it relates to the type of asbestos claim they're filing. Complete medical records, employment history and relevant information about the product are needed to show a link between exposure and the asbestos-related illness. It is difficult to pinpoint a specific date of exposure due to the lengthy latency period of asbestos-related diseases.
A knowledgeable lawyer can evaluate the legal and medical options which include filing an individual or group lawsuit against negligent asbestos companies. This could include a company which mined asbestos, produced products containing asbestos or a negligent employer that was aware of asbestos exposure, but did not protect workers.
Compensation for an asbestos lawsuit that is successful can be used to pay medical bills, home health expenses, lost quality of life as well as suffering and pain, funeral costs and loss of consortium if a loved one has passed away from an asbestos-related illness. Companies that exposed asbestos workers to over $30 billion have set trust funds. Most mesothelioma patients have received financial compensation through these trust funds.
A specialist mesothelioma lawyer will review evidence related to asbestos and determine the best way to file an asbestos lawsuit, whether for personal injury or wrongful death. An experienced lawyer can assist in determining the best place to file. The state where the victim resided or worked as well as the location of asbestos-related firms may play a role in the filing requirements.
A seasoned mesothelioma lawyer will collect the most evidence to prove the client's claim. The evidence includes the patient's medical records, employment record and any asbestos-related products used in the workplace. These documents are required to prove a link between the patient's mesothelioma or any other asbestos-related illness and a specific asbestos business or companies that were accountable for their negligent exposure.