How to File an Asbestos Exposure Claim
A claim for asbestos exposure requires asbestos producers to accept responsibility for their actions, which have harmed millions of people over the years. The process can assist the families of victims receiving compensation for medical expenses, lost wages and funeral expenses related to asbestos-related illnesses.
Workers who work with asbestos typically bring fibers of asbestos to their home, primarily on their skin and clothing, exposing their family to secondary exposure. This can cause mesothelioma and other asbestos-related diseases.
Medical Records
It is essential for patients diagnosed with mesothelioma, or another asbestos-related disease to have all the medical records required. These records will help their lawyer prove that asbestos exposure caused their illness and they deserve compensation.
The law requires plaintiffs to have an imaging scan, a pathology and doctor's statements tying the diagnosis with an asbestos-related disease. Lawyers will also require the patient's employment history as well as an inventory of employers and jobs. People who are exposed to asbestos for a long period of time, such as those working who work in the construction industry, are at a higher risk of developing mesothelioma or other illnesses.
A mesothelioma lawyer who is experienced can also assist with obtaining additional evidence, like a client's workers' compensation claims or veterans' benefits, as well as other financial accounts. These documents can give valuable details about asbestos-related companies or product manufacturers.
If the victim is diagnosed with mesothelioma, his or her attorney can make a personal injury or wrongful death lawsuit against asbestos product makers. The time frame for filing a lawsuit is different between jurisdictions. In New York State, for example legal action is required within three years of the date on which the victim realized (or should have realized based on symptoms), that they was suffering from an asbestos-related illness.
Victims can also seek out compensation from a trust fund that deals with asbestos in addition to taking legal action against the manufacturer. A mesothelioma lawyer will help you through the process.
It is also possible for victims or their families to file a wrongful death lawsuit against the employer. This type of lawsuit differs from a personal injuries claim and typically involves lien. 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 can recover compensation for their losses, such as funeral expenses, lost wages and suffering.
Work History
If you or someone close to you was exposed to asbestos, establishing a detailed work history is crucial. It will help lawyers determine what type claim is appropriate and the documentation required to support it.
Many tradesmen were exposed to asbestos in the 20th century, which included those working in construction, insulation and shipyard work. These workers carried asbestos fibers home with them on their clothing, putting the families at the risk of developing mesothelioma later. A North Carolina mesothelioma lawyer could look over your or someone else's medical records and work history to see whether a claim for exposure from a secondhand source is 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 help clients in getting documents like pension or disability information from their employers, interviewing witnesses and creating a timeline.
If a mesothelioma sufferer dies before the case is settled the family of the victim may file a lawsuit for wrongful death in order to collect compensation. A wrongful death lawsuit can also be filed to offset debt from the cost of funeral expenses and treatment, and provide much-needed financial security.
If required, asbestos victims' attorneys can file claims against a variety of defendants to secure full payment. This includes the company who provided asbestos in the form of raw asbestos as well as asbestos product manufacturers and negligent employers. These companies knew that their products were harmful, but failed to warn workers or to safeguard them.
The EPA offers a number of resources for families and individuals who suffer from asbestos-related diseases. These include the TSCA Hotline and Asbestos Ombudsman. Patients suffering from mesothelioma and other asbestos-related illnesses can also receive compensation from trust funds established by the surviving spouses of asbestos-related victims.
Unlike workers compensation, an asbestos lawsuit requires an attorney to represent the best interests of the plaintiff not the employer. If it's a mesothelioma lawsuit, this means finding a lawyer who has expertise in seeking compensation against trust funds or private insurers who have denied responsibility of exposure to asbestos-related substances that cause cancer.
Second-Hand Exposure
Secondhand (ambient exposure) is a risk factor, despite though most mesothelioma is caused by asbestos exposure that is firsthand. People may come in contact with asbestos while washing clothes as well as when interacting with furniture or having physical contact with a person who works or handles asbestos-containing products. These interactions can release toxic asbestos fibers in the air. others can inhale them or swallow them.
In most cases, asbestos lawsuits involving asbestos exposure from secondhand sources require the assistance of an experienced attorney who knows how to trace asbestos. Attorneys who have handled these types of claims will be in a position to look over records and interview witnesses to determine the source. Attorneys can help asbestos victims file a lawsuit and navigate the state laws governing liability.
In most instances, secondhand exposure to asbestos is the result of a blue-collar employee carrying asbestos fibers home after their shifts. Workers brought these contaminated clothes, hair and equipment to their homes, where they would lounge on couches, use appliances and interact with surfaces minutes or hours later. Asbestos was spread to family members, including spouses, children and others through this contact. The people probably did not realize that they were bringing carcinogenic materials in their homes. The small, minuscule fibres would often get stuck on clothing, hair or even skin.
People who have come in contact with contaminated furniture, laundry or other items can make an asbestos claim. These kinds of lawsuits typically 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 also help plaintiffs determine the companies that produced the asbestos-containing products that they encountered.
Asbestos victims may also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma sufferers and other people suffering from asbestos-related diseases. It is easier to make a claim than it is to sue a single company and, in most cases, compensation is more readily available from a trust fund than from an employer.
Individuals who are eligible to receive money from an asbestos trust fund should contact a mesothelioma legal firm immediately. These lawyers can determine the eligibility for filing claims, and determine which state or jurisdiction is the most appropriate to file the lawsuit and take care of the entire process.
St. Cloud asbestos lawyers of limitations
The statute of limitations, which defines the maximum time a person must make a claim, can differ from state to state. In some states, the clock starts in the moment the patient is diagnosed of an asbestos-related condition, whereas in other states the clock starts when they were first exposed.
An experienced mesothelioma lawyer can assist patients in understanding the statute of limitations for their state and how it affects the type of asbestos claim they are filing. Detailed medical records, employment histories and pertinent information about the product are needed to prove a link between exposure and the asbestos-related disease. It is difficult to pinpoint a precise date of exposure due to the long time of latency for asbestos-related diseases.
A lawyer who is experienced can assist victims in understanding their legal and medical options, which may include filing an action against negligent asbestos companies. This could include a company which mined asbestos, produced products that contain asbestos or a negligent employer who was aware of asbestos exposure, but did not protect workers.
A successful asbestos lawsuit may help pay for medical expenses home care costs, lost quality-of-life, pain and suffering as well as funeral costs and loss in consortium if your loved one died of an asbestos related disease. More than $30 billion has been put aside in trust funds by companies that exposed their workers to asbestos. The majority of mesothelioma victims have received financial settlements from these trust funds.
A mesothelioma lawyer is able to examine evidence related to asbestos and determine the best method for you to file an asbestos suit regardless of whether it's for personal injury or wrongful death. A knowledgeable lawyer can assist in determining the best place to file, as states where a victim was or lived and the locations of the asbestos-related companies could play a role in filing requirements.
A seasoned mesothelioma lawyer will gather as much information as possible to support the client's case. The evidence can include the medical records of the patient and employment records, as well as any asbestos-related products used on the job. These documents are essential to establish a connection between the victim's mesothelioma or any other asbestos-related illness and a specific asbestos-related company or companies responsible for their wrongful exposure.