How to File an Asbestos Exposure Claim

A claim for asbestos exposure compel asbestos manufacturers to accept responsibility for their actions that have caused millions of people harm over the many years. The process can assist the families of victims receiving compensation for medical expenses, lost wages and funeral expenses resulting from asbestos-related illnesses.

Workers who work with asbestos typically bring fibers of asbestos to their home, primarily on their skin and clothing which exposes their family members to secondary exposure. This can cause mesothelioma and other asbestos attorneys-related diseases.

Medical Records

All medical records are vital for patients with mesothelioma, or other asbestos-related illnesses. They can help their lawyer identify the asbestos exposure that led the development of their illness and prove they deserve compensation.

The law requires plaintiffs to have a pathology, imaging scans, and physician's statements linking the diagnosis to an asbestos-related disease. Lawyers also require a patient's work history that could include the names of jobs and companies. Workers who were exposed to asbestos for extended periods of time, such as those working in the construction industry, are at an increased risk of developing mesothelioma as well as other ailments.

An experienced mesothelioma attorney can also assist in gathering additional evidence, such as a client's workers' compensation claims as well as veterans' benefits and other financial accounts. These documents can give valuable information regarding asbestos products or employers.

If a victim is diagnosed with mesothelioma by a physician, their attorney may bring a lawsuit for personal injury or wrongful deaths against asbestos-related product manufacturers. The time limit for filing a lawsuit varies between jurisdictions. In New York State, for example, legal action is required within three years of the date on which the victim realized (or could have realized based on symptoms), that he or she was suffering from an asbestos-related disease.

Victims may also seek compensation from a trust fund to compensate for asbestos in addition to pursuing legal action against the manufacturer. The process isn't easy however a mesothelioma lawyer will take care of every step of the claim.

It's also possible for victims or their families to file a wrongful-death lawsuit against their employer. This kind of lawsuit differs from a personal injury lawsuit and typically involves 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 may be able to claim compensation for their losses, like funeral expenses, lost wages and suffering and pain.

Work History

If you or someone close to you was exposed to asbestos, creating an extensive work history is crucial. It can help lawyers determine what type of claim is appropriate and what documentation will be required to support it.

Many tradesmen were exposed to asbestos during the 20th century, including those working in construction, insulation, and shipyard work. Workers brought asbestos fibers home on their clothing which put families at risk of developing mesothelioma later. A North Carolina mesothelioma lawyer could review your or a loved one's medical documents and work history to see whether a claim for exposure from a secondhand source is possible.

In a mesothelioma lawsuit, the plaintiff must determine which companies are responsible for the asbestos victims’ losses, including medical expenses, funeral costs and income loss. Lawyers can assist clients in getting documents such as pension or disability information from their employer or other witnesses, as well as in interviewing witnesses and establishing the timeline.

If a mesothelioma sufferer dies before the case is resolved the family of the deceased can file a lawsuit for wrongful death in order to collect compensation. A wrongful death lawsuit may be filed to cover funeral and treatment costs, as well as to ensure financial security.

Asbestos victims' lawyers can pursue claims against several defendants, if needed, to ensure full compensation. This includes the company that provided raw asbestos, the manufacturers of asbestos-related products, and negligent employers. These companies knew that their products were causing harm and did not warn or safeguard workers.

The EPA offers a number of resources for families and individuals who suffer from asbestos-related diseases. The TSCA Hotline, Asbestos Ombudsman and other resources are readily available. Patients suffering from mesothelioma and other asbestos-related illnesses can also receive compensation from trust funds set up by the spouses of survivors of asbestos victims.

Contrary to workers' compensation and asbestos lawsuits, asbestos lawsuits require an attorney to represent the interests of the plaintiff, not the employer. If it's a mesothelioma lawsuit, this means finding a lawyer who has expertise in pursuing compensation against trust funds or private insurers who have denied responsibility of exposing asbestos victims cancer-causing substances.

Second-Hand Exposure

While the majority of mesothelioma cases are caused by exposure to asbestos, secondhand (ambient) exposure can also be an risk factor. People may come in contact with asbestos while washing clothes, interacting with furniture or in physical contact with someone who works or handles asbestos-containing materials. These interactions can release the harmful fibers into the air and others may breathe or ingest them.

Asbestos lawsuits that involve exposure to asbestos from secondhand sources usually require the assistance of an experienced attorney who is able to track asbestos exposure. Attorneys who have handled these types of claims are competent to review records and interview witnesses in order to identify the source. Attorneys can assist asbestos victims file a lawsuit and make sense of the laws of the state regarding liability.

In the majority of cases, secondhand asbestos exposure is the result of blue-collar workers carrying asbestos fibers home after work shifts. Workers brought the contaminated clothing hair, equipment and clothing to their homes, where they would lounge on couches, use appliances and interact with surfaces for hours or minutes. Asbestos was spread to family members like spouses, children, and others through this contact. These individuals likely did not know they were bringing carcinogenic substances into their homes, and the tiny, insignificant fibers could be found on hair, clothing and even skin.

People who have come in contact with contaminated laundry, furniture or other items can submit an asbestos claim. This type of lawsuit usually requires the assistance of an asbestos lawyer who can provide evidence such as clothing tags, medical records and asbestos tests. Lawyers can help plaintiffs identify companies that made asbestos-containing products.

Asbestos victims may also file an asbestos trust lawsuit. funds that pay relatively fixed amounts for mesothelioma and various asbestos-related diseases. This process is less complicated than bringing an individual lawsuit against a company, and it is often 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 that has a specialization in mesothelioma as soon as possible. These attorneys can determine eligibility for filing an action, decide which state or region is the best one to file the claim in and take care of the entire procedure.

Statute of limitations

The statute of limitation is the maximum amount of time that one can pursue a lawsuit within a state, can vary. In some states the clock begins to tick when a patient is diagnosed as having an asbestos-related disease, while in other states it begins when they are first exposed.

A knowledgeable mesothelioma lawyer can help patients understand the statute of limitations for their state and how it affects the type of asbestos claim they're filing. Detailed medical records, employment history and relevant product details are needed to show a link between exposure and the asbestos-related disease. However, it is difficult to determine a precise date of exposure since asbestos-related diseases are known to have a long latency period.

A skilled lawyer can review the victim's medical and legal options which include filing an individual or group lawsuit 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 failed to protect workers.

A successful asbestos lawsuit may pay for medical expenses, home care costs, lost quality-of-life, suffering and pain and funeral costs and loss in consortium if your loved one died of an asbestos related disease. Companies that exposed asbestos workers to more than $30 billion have set aside trust funds. The majority of mesothelioma patients have received financial compensation through these trust funds.

A mesothelioma lawyer will review asbestos-related proof and determine the best method to file an asbestos suit, whether it is for personal injury or wrongful deaths. A lawyer with experience can help determine where to file. The state where the victim lived or worked, and the location of asbestos-related businesses may play a role in the filing requirements.

A knowledgeable mesothelioma lawyer will obtain as much information as they can to prove the client's claim. The evidence can include 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 needed to demonstrate that the exposure to asbestos of the victim led to their mesothelioma.