How to File an Asbestos Exposure Claim

An asbestos exposure lawsuit requires asbestos producers to accept responsibility for their actions, which have hurt millions of people over the years. This process can assist victims and their families in receiving compensation for medical expenses, lost wages, and funeral expenses resulting from asbestos-related diseases.

People who work with asbestos often carry asbestos fibers home on their clothing and skin and expose their families to secondary exposure. This can cause mesothelioma and other asbestos-related diseases.

Medical Records

It's important for patients diagnosed with mesothelioma, or another asbestos-related illness to have all medical records they require. These records can help their lawyer prove that asbestos exposure caused their illness and that they are entitled to compensation.

The law requires that plaintiffs submit an scans of imaging and a doctor's note connecting the diagnosis to an asbestos-related health issue. Lawyers will also need the patient's employment history and the names of the companies and jobs. Workers who have been exposed to asbestos for long periods of time, for example those in the construction industry, face higher risk of developing mesothelioma and other illnesses.

A mesothelioma lawyer with experience can also help obtain additional evidence such as workers compensation claims, veteran's benefits and other financial documents. These documents can provide valuable information about asbestos-related companies and their employees.

If the victim is diagnosed with a mesothelioma cancer, the victim's attorney can file an injury-related or wrongful death lawsuit against asbestos product makers. 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 from the time the victim knew (or should have known from the signs) that they had an asbestos-related illness.

In addition to pursuing legal action against the manufacturer, victims may also seek compensation from an asbestos trust fund. A mesothelioma lawyer will help you through the procedure.

It is also possible for the victims or their family members to file a wrongful death lawsuit against an employer. This type of lawsuit differs from a personal injury lawsuit and typically involves the use of liens. Liens are financial agreements between an insurer of an accused and a victim or family of a mesothelioma victim.

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 includes funeral expenses along with lost wages, discomfort and pain.

Work History

It is important to create a detailed work record if you or someone you love were exposed 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 insulation, construction and shipyard jobs. Workers brought asbestos fibers home with them on their clothing, putting the families at risk of developing mesothelioma later. A North Carolina mesothelioma lawyer could examine your or someone else's medical records 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' losses, such as medical expenses, funeral costs and income loss. Lawyers can help clients obtain documents such as company pension or disability information, as well as interview witnesses and develop a timeline of events.

If a mesothelioma sufferer died before their case was resolved and their family members can bring a wrongful death lawsuit to seek compensation. A wrongful death suit can be filed to help offset debts incurred from treatment and funeral costs and provide much-needed financial security.

Asbestos victims' attorneys may make claims against multiple defendants in order to secure full compensation. This could include the company that provided raw asbestos, the manufacturers of asbestos-related products as well as negligent employers. These companies knew their products could cause harm, but failed to warn workers or protect them.

The EPA provides a number resources for individuals and families who suffer from ailments related to asbestos. These include the TSCA Hotline and Asbestos Ombudsman. People suffering from mesothelioma or other asbestos-related illnesses can also receive compensation from trust funds established by the spouses of survivors of asbestos victims.

Unlike workers compensation, an asbestos attorneys lawsuit requires an attorney to represent the best interests of the client not the employer. In the case of a mesothelioma suit requires an attorney with expertise in pursuing compensation against trust funds or private insurers who have averted responsibility for exposing asbestos victims cancer-causing substances.

Second-Hand Exposure

Secondhand (ambient exposure) can be a risk factor, even though most mesothelioma is result of asbestos exposure through firsthand. People can come in contact with asbestos while doing their laundry, interacting furniture, or interacting with people who work with, or handles asbestos-containing material. These interactions can release harmful fibers in the air where others may take them in or ingest.

Asbestos lawsuits that involve exposure to asbestos attorney from secondhand sources typically require the assistance of an experienced attorney who knows how to trace asbestos exposure. Attorneys who have handled these types of cases will be competent to review the records and talk with witnesses in order to determine the source. Attorneys can also help victims file a asbestos lawsuit and navigate state laws on liability.

Secondhand asbestos exposure occurs typically when blue-collar workers carry asbestos fibers home after working shifts. Workers brought their contaminated hair, clothing, and equipment home, where they sat on couches or sat in kitchens, and touched surfaces for minutes or even hours later. Asbestos spread to family members such as spouses, children, and others via this contact. The people probably did not realize they were bringing carcinogenic materials into their homes, and the tiny fibers could be found on hair, clothing and even on skin.

People who have come in contact with contaminated furniture, laundry or other items can submit an asbestos claim. These types of lawsuits usually require the help of an experienced asbestos lawyer, had me going, who can provide evidence such as clothing labels, medical records and asbestos tests. Lawyers can help plaintiffs identify companies that produced asbestos-containing products.

Asbestos victims may also file a lawsuit against asbestos trust funds that pay fairly fixed amounts for mesothelioma and other asbestos-related illnesses. The process is simpler than filing an individual lawsuit against a company and is usually easier to obtain compensation from a trust fund instead of an employer.

Anyone who is eligible for funds from an asbestos fund should contact a law firm which has a specialization in mesothelioma as soon as possible. They can assess eligibility to make a claim, decide the most appropriate state or jurisdiction for the lawsuit and handle the entire process of filing.

Statute of Limitations

The statute of limitations, which defines the time frame within which a person must file a lawsuit, can differ from state to state. In some states, the clock begins ticking when a patient is diagnosed with an asbestos-related illness, whereas in other states it starts when they first become exposed.

An experienced mesothelioma lawyer can help patients understand the statute of limitations in their state and how it applies to the type of asbestos claim they're filing. To prove the connection between exposure to asbestos and the onset of disease, detailed medical documents, employment histories, and pertinent information about the product are required. However, it is difficult to identify a precise date of exposure because asbestos-related diseases have a lengthy latency period.

A skilled lawyer can help victims understand their legal and medical options. This could include bringing an action against negligent asbestos companies. This could be a company that mined asbestos, manufactured products containing asbestos or a negligent employer that was aware of asbestos exposure, but failed to protect workers.

A successful asbestos lawsuit can help pay for medical expenses home care expenses, lost quality of life, pain and suffering as well as funeral costs and loss of consortium if your loved one passed away due to an asbestos-related disease. Over $30 billion has been put aside in trust funds by companies that exposed their workers to asbestos. The majority of mesothelioma patients have received financial compensation from these trust funds.

A mesothelioma lawyer who is specialized will review evidence related to asbestos and determine the best method to file an asbestos lawsuit, either for personal injury or the cause of death. A lawyer with experience can assist you in deciding the best place to file. The state in which the victim lived or worked as well as the location of asbestos-related businesses could play a part in the filing requirements.

An experienced mesothelioma lawyer will collect as much information as is possible to support the client's claim. This includes the patient's complete medical documents, employment history, and the names of any asbestos-related items that were used at the job site. These documents are necessary to establish a connection between the victim's mesothelioma or any other asbestos-related illness and a specific asbestos business or companies that were responsible for their exposure.