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How to File an Asbestos Claim An asbestos claim is a legal action brought against companies that exposed someone to asbestos. Honolulu asbestos attorneys of limitations is a time limit within which lawsuits have to be filed. Asbestos lawsuits can be brought by victims who are living or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case under the doctrine of wrongful death. Work History Asbestos-related victims must give their lawyer documents that clearly state when they were exposed to asbestos, the nature of their work and the time for exposure. This will enable the lawyer to establish a direct link between the asbestos exposure and the victim's disease. A lawsuit that involves asbestos may not be successful if evidence isn't there. Asbestos is most likely to be discovered in industrial settings. This exposure can also occur in schools and churches, hospitals, bases of military and private homes. Asbestos can be found in shingles, pipes insulation, fireproofing materials. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma in people who are exposed to asbestos. Many companies that made asbestos were aware of the dangers, but chose to keep it quiet. This was done in order to safeguard the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to pay compensation to those who were diagnosed with mesothelioma and the other illnesses caused by exposure. A lawsuit against an asbestos firm is a complicated process. It can be difficult to identify the responsible parties since asbestos is no longer used. However, there are a variety of laws that help victims find the companies responsible for their exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act. Asbestos victims are usually compensated by asbestos trust funds. These are funds that are established to help injured victims get compensation if the businesses responsible for their exposure have gone into bankruptcy. In these instances an experienced lawyer who specializes in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of amount of compensation you can get. Families of people who died from mesothelioma, or another asbestos-related disease, can make wrongful death claims. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct. Testimonials Once you have been diagnosed with mesothelioma or another asbestos-related illness, you can make a claim against the businesses that put you in harm's way. Your legal team will collect evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is common for plaintiffs to be exposed to a variety of asbestos products throughout their professional careers. A lawyer that specializes in mesothelioma cases will find the right defendants for your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos litigation worth more than $2 billion. In the past law firms that specialized in asbestos litigation would solicit clients and then “bundle” them into groups to file lawsuits in massive quantities. The goal was to overwhelm the judicial system and make lawyers richer. This skewed approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. This has also drained funds that would have been available for individuals who will develop more serious illnesses in the future. The current compensation system requires that attorneys categorize claims based on the diagnosis. This has resulted in an increase in mesothelioma cases being filed. These changes, in addition to the fact that some states have implemented reforms to tort law, which have led to the use of a more strict medical criterion and an inactive docket have contributed to a decrease in the number of new claims filed from 2004 to. You can also bring wrongful death lawsuits on behalf relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to file a legal claim within three years from the time they became aware (or should have had the knowledge) of the injury. In other states the statutes of limitations are different and include New Jersey and Pennsylvania requiring legal action within two years. Statute of limitations A statute of limitation is a law which sets an expiration date to file an claim. These deadlines vary by state. They usually are dependent on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. However, there are several factors that can complicate these rules. Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. Due to the time of latency it is crucial for mesothelioma patients and their families to start a lawsuit as soon as possible. The statute of limitations is different by state, but most begin from the date of diagnosis. Some states have different statutes of limitations for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than personal injury ones. Asbestos victims and their families should think about hiring a mesothelioma lawyer as early as is feasible. The lawyer will be able to review the various options for compensation and offer guidance on the best way, where and when to file. A mesothelioma lawyer could also help if the statute of limitations has expired. Lawyers for mesothelioma have the ability to suggest ways to get compensation, even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They may be able file the claim in a jurisdiction where the statute of limitations hasn't expired. If the victim is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed as having an associated condition, such as asbestosis or lung cancer. Some states have “discovery statutes” that apply the same as the traditional statutes of limitations but begin with the date of diagnosis, not exposure. Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. An attorney for mesothelioma can explain state law as well as the circumstances where a statute of limitation may be tolled or suspend. Hire a lawyer Asbestos lawyers know how to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case gets the best possible result. Asbestos cases are different from other personal injury cases. The reason for this is that asbestos exposure occurred several decades ago and many of the companies exposed have either filed for bankruptcy or gone out of business. Often, the workers who were exposed to asbestos don't even remember where they worked, and it is difficult for them to identify the locations where they may have been exposed. This is where an experienced attorney is essential because they can use the resources at his disposal to discover the names of the businesses that were exposed and the dates they worked at. Once the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he can have medical experts review and report on the cause of mesothelioma. It is essential that the asbestos attorney is able to establish the causation element of the case because without it, the victim may not be eligible for compensation. A mesothelioma lawyer can be able to gather the required information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's job and asbestos-related injuries medical records, testimony from other victims and more. A mesothelioma lawyer should be familiar with the various kinds of financial aid available to victims and family members. This includes health insurance benefits, disability insurance, and Social Security benefits. Anyone who is diagnosed with mesothelioma or any other asbestos-related illness should consult an asbestos lawyer. An attorney can help decide on the kind of claim they should submit and assist in filling the necessary paperwork. An experienced mesothelioma lawyer will also help people with other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.