Asbestos Claims Law Attorneys can help families determine the most appropriate type of claim to pursue. This typically includes gathering documentation like medical records, work history and asbestos exposure information. Asbestos companies were aware their products could cause serious health problems. However, they collaborated to conceal this information for many years. Workers compensation and lawsuits are two legal options for compensation. Statute of limitations The statute of limitations is a law which determines the period within which you can bring a lawsuit against asbestos. It varies according to the state and the type of claim. For example personal injury claims are governed by the date of diagnosis. Wrongful death cases however are governed by the date of the victim's death. In most personal injury lawsuits the statute of limitations begins to run out when you are injured. Asbestos-related injuries can not be apparent for a long time making asbestos litigation more complicated and challenging statute of limitation statutes. Many states have altered their statute of limitations to accommodate asbestos victims. For instance, they can begin the clock on the day of diagnosis instead of the time of exposure. Some states also extend the time limit to allow victims more time to gather evidence and file a claim. In addition several states have special laws for victims who were exposed to asbestos in multiple locations or by several different companies. These rules allow them to recover compensation for their damages from asbestos trust funds. Although the majority of asbestos cases involve wrongful death lawsuits brought by the family of a patient, personal injury claims can be brought by the victim themselves as well. To be eligible for compensation, victims will have to prove that they were exposed to asbestos and that they have a valid diagnosis of mesothelioma. A recent case from Minnesota illustrates why it's crucial to begin the legal process as quickly as possible. The plaintiff was diagnosed with mesothelioma in 2013. He did not make a claim until after the statute of limitations had expired. At the time he filed, his mesothelioma had progressed to an untreatable stage, and he died in 2015. If you've been diagnosed with mesothelioma or another asbestos-related disease, it's important to know the statute of limitations to file asbestos lawsuits and asbestos trust fund claims. A competent lawyer will guide you through the asbestos litigation and make sure that your claim is filed within the correct deadline. Contact a seasoned mesothelioma attorney today for a free case review. Filing an Asbestos Claim Asbestos victims and their families will often bring a lawsuit for personal injury against the companies that exposed them to asbestos. This type of lawsuit seeks compensation for the patient's medical expenses, loss of income and property damage. Asbestos lawsuits also seek punitive damages to punish the companies for their reckless actions and to stop asbestos from being used in the future. The first step is to meet with a mesothelioma attorney. During the consultation, you will be asked questions about your medical history and asbestos exposure. They will also examine the evidence you've gathered including health records as well as information regarding your employment. A mesothelioma lawyer will determine whether you're eligible to file a lawsuit, based on the laws in your state and the circumstances. The lawyer will ensure you file your lawsuit within the time frame of limitations in your state and ensure that it is filed in the right court. Once the complaint has been filed and the defendant is served with the complaint, he will be given the opportunity to respond to it. Your lawyer will make use of the defendant's response to gather additional evidence and build your case. They may subpoena company documents, for example, that show executives knew about asbestos' dangers but did nothing. Most asbestos cases are settled prior to trial. A mesothelioma lawyer company that is seasoned is prepared to take on court if required. That's why most asbestos victims prefer to choose a mesothelioma legal office that is known for winning trials. Many asbestos-related companies went under, but the courts ruled that they establish trusts to compensate people who have been diagnosed with mesothelioma and other asbestos-related diseases. Your lawyer can assist you to file a claim against the trusts responsible for your asbestos exposure. Depending on your specific case you may be required to submit claims to more than one asbestos trust. Each asbestos trust fund represents an individual corporation that made, mined or marketed asbestos products. Each of these companies could have played an integral role in the development of the asbestos-related illness you suffer from. They could be the ones responsible for the production of floor tile roofs, fireproofing, roofing, siding materials, caulking, gaskets, insulation, boilers or other industrial products. Additional Financial Assistance When asbestos victims suffer an illness resulting from exposure to dangerous products they and their families are entitled to financial assistance. There are does asbestos cause mesothelioma of claims that can be claimed which include government compensation and insurance payouts. An experienced lawyer can help the victim decide the best option for their particular situation. Trust funds are often set up by companies that make asbestos-containing products to pay compensation to victims. These trusts make payments to claims based on specific information like the degree of exposure as well as the type of disease. In recent years many asbestos trusts have faced funding problems. This is due to the rising number of mesothelioma and other asbestos-related diseases being diagnosed. The trusts were also accused of fraud and mismanagement. An experienced asbestos lawyer can assist clients find suitable trusts and assist in the filing process. Lawyers can ensure that all the necessary information is submitted on time and that there is a high chance that the claim will be successful. They can also assist with settlement negotiations and, if necessary bring the case to court. Mesothelioma suits are a form of personal injury lawsuit that seeks compensation for harm caused by asbestos exposure. They can award lost wages or earnings, emotional distress, and any other damages a jury finds appropriate. Legal cases can be complex and involve multiple parties, including manufacturers, employers, suppliers and more. A skilled lawyer can assist victims and their families in identifying all parties responsible. They can also help obtain medical records that are required and identify relevant witnesses. A New York asbestos law firm with experience can help victims and their family members pursue legal action in order to be compensated for their condition. Contact Dreyer Boyajian LLP today to get started. The founding partners of the firm have more than 75 years of combined experience in handling a variety of complex matters that concern hazardous exposure. They have produced multi-million-dollar results for their clients. They are also recognized by a variety of legal elite organizations, such as Super Lawyers and Martindale Hubbell. Workers' Compensation Asbestos sufferers can make an claim for workers' compensation in order to pay for expenses such as medical treatment as well as disability compensation, loss of quality-of-life loss of wages funeral and burial costs, and lost wages. Those suffering from an asbestos-related disease should consult an experienced mesothelioma lawyer to review all their legal options. The type of lawsuit filed is based on the place of the incident and how the person was affected by asbestos. The asbestos lawsuit could be a personal injury lawsuit or a product liability claim or a wrongful death claim. In the majority of cases, asbestos-related illnesses are the result of long-term exposure to asbestos particles in the air. When inhaled, these toxic fibers can lodge in the lung and can cause mesothelioma or lung cancer. The majority of people who develop the diseases are unaware that they were exposed to asbestos until years after the exposure. This is due to the fact that the symptoms of mesothelioma and other asbestos-related illnesses, usually are not evident until a long time after exposure. While making an insurance claim may seem to be a good idea it's not always the best option for the victim's benefit. This is due to the fact that workers' compensation benefits typically have a limit on the amount they can be granted and may not fully compensate a victim for their losses. A vast majority of companies who used asbestos products in their products have been forced to declare bankruptcy due to the huge number of mesothelioma lawsuits that have been filed against them. Solvent companies can be sued in asbestos lawsuits because they are still liable for the losses of victims. In some instances, a victim's injuries are so severe that they warrant punitive damages. To be awarded punitive damages, the plaintiff must prove the defendant's actions were more than simple negligence. This is typically the case when the employer was aware of the dangers associated with asbestos exposure, but did not take any precautions to safeguard his employees. The lawyers at Dreyer Boyajian LLP have successfully handled asbestos and mesothelioma cases with multi-million dollars settlements. Our founding partners, attorneys William Dreyer and Donald Boyajian have more than 75 years of combined experience in complex litigation. We have created an unique business model for managing national asbestos dockets, and our clients appreciate how much our unique approach helps them save in legal costs when compared to other firms who handle these matters.
does asbestos cause mesothelioma
