Asbestos Claims Law Attorneys can assist families in determining which kind of claim to pursue. This typically includes gathering documentation such as medical records, work history and asbestos exposure information. Asbestos companies were aware that their products could cause serious health issues. However, they worked together for decades to hide this information. Legal options for compensation include workers compensation and lawsuits. Statute of Limitations The statute of limitations is a law which determines the period within which you can bring a lawsuit against asbestos. The time limit for filing a lawsuit varies according to the state and the type of claim. For example personal injury claims are governed by date of diagnosis. For cases of wrongful death on the other hand are governed by the date of death. In most personal injury cases, the statute of limitations begins in the event of an injury. Asbestos-related injuries may not be apparent for a long time making asbestos litigation more complicated and challenging statute of limitations laws. A number of states have changed their statute of limitations to accommodate asbestos sufferers. For instance, they could begin the clock at the date of diagnosis and not at the time of exposure. Certain states extend the statutes of limitations to allow victims more time to gather evidence in order to file claims. A number of states also have special rules for those who were exposed to asbestos at multiple locations or from different companies. These rules allow them to recover compensation for their losses from asbestos trust funds. Personal injury claims are possible in asbestos-related cases. Although the majority of asbestos cases involve wrongful-death lawsuits filed by the patient's family members, victims can also file personal injury claims. However, victims must be able to present proof of asbestos exposure and an accurate mesothelioma diagnosis in order for their claims to be considered. A recent case from Minnesota shows why it is crucial to begin the legal process as quickly as you can. The plaintiff in this lawsuit was diagnosed with mesothelioma in 2013. However, he didn't declare his claim until the time limit had expired. When the claim was filed, mesothelioma had become incurable and he passed away in 2015. If you've been diagnosed with mesothelioma, or another asbestos-related disease, it's important to understand the statue of limitations for filing asbestos lawsuits and claims for asbestos trust funds. A seasoned lawyer can help you navigate the asbestos litigation process and ensure that your claim is filed within the applicable deadline. Contact a seasoned mesothelioma attorney today for a free case review. Asbestos Claims: How to File a Claim Typically asbestos victims and their families have a right to file a personal injury lawsuit against the companies that exposed them to asbestos. This type of lawsuit seeks compensation for medical bills, lost wages and property damages. Asbestos lawsuits also can seek punitive damage to punish companies for their negligence and prevent them from using asbestos in the future. The first step in the legal process is a first consultation with a mesothelioma attorney. In this meeting the attorney will inquire with you about your medical background and asbestos exposure. They will also look over the evidence you have collected, including health records and employment information. A mesothelioma lawyer will decide if you qualify to file a lawsuit based on your specific circumstances and the laws in your state. The lawyer will ensure that you file your lawsuit within the time frame of limitations in your state and that it is filed at the right court. Once the complaint has been filed, the defendant will have a chance to respond. Your attorney will use this response to gather additional evidence and establish your case. They may subpoena documents from the company showing that executives knew about asbestos dangers but did nothing. The majority of asbestos cases are settled prior to trial. However, a skilled mesothelioma law firm is ready to go to trial if needed. This is why the majority of asbestos patients choose to work with a mesothelioma lawyer office that is known for winning trials. Many asbestos-related companies have gone under however, the courts have ordered that they establish trust funds to compensate people who have been diagnosed with mesothelioma and asbestos-related illnesses. Your attorney can assist you file claims against the trusts that are responsible for your asbestos exposure. Based on the specific circumstances of your case you may have to file claims with more than one asbestos trust. Each trust fund for asbestos represents a different company which manufactured or mined asbestos products. Each of these companies could play a distinct role in the asbestos-related illness you suffer from. They could be involved in the production of floor tiles, roofing materials, fireproofing materials, siding products caulking and rubber gaskets, boilers, or other industrial products. Additional Forms of Financial Assistance When an asbestos victim suffers an illness due to exposure to hazardous products the victim and their families are entitled to financial aid. There are many different kinds of claims available, including government compensation and insurance payouts. mesothelioma and asbestos lawyers can assist a victim in determining the most appropriate options for their specific situation. Companies that manufacture asbestos-containing products usually establish trust funds to pay victims of their harmful products. These trusts pay claims based on information such as the degree of exposure and the type of disease. In recent times, many of these trusts have had to deal with funding problems. The increase in mesothelioma cases as well as other asbestos-related diseases is partly to the blame. Trusts have also been accused of mismanagement and fraud. An experienced asbestos lawyer can help clients identify suitable trusts and assist with the process of filing. Lawyers can also help ensure that all required information is filed promptly and that the claim has a good probability of success. They can also assist in settlement discussions and, if necessary bring the case to the court. Mesothelioma suits are a form of personal injury lawsuit that seeks to compensate for the harm caused by asbestos exposure. They can include damages for lost wages, emotional distress, suffering and pain, as well as other damages that a judge deems appropriate. Legal cases can be a bit complicated and involve multiple parties, including manufacturers, employers, suppliers and more. A skilled lawyer can assist victims and their families in identifying the responsible parties. They can also help obtain the medical records needed and identify witnesses who are relevant. A New York asbestos law firm with experience can help victims and their family members pursue legal action in order to get compensation for their illness. Contact Dreyer Boyajian LLP today to begin the process. The founding partners of the firm have more than 75 years of combined experience handling a variety of complicated issues related to hazardous exposure. They have delivered multi-million-dollar outcomes for their clients. They are also recognized as top lawyers by Martindale Hubbell and Super Lawyers. Workers' Compensation Asbestos sufferers can make an claim for workers' compensation in order to pay for expenses, including medical treatment as well as disability compensation and loss of quality of life and lost wages funeral and burial costs, and lost wages. Anyone suffering from an asbestos-related disease should consult an experienced mesothelioma lawyer to explore all legal options. The type of lawsuit filed depends on the location and how the person was affected by asbestos. The asbestos lawsuit could be a personal injury lawsuit or a product liability claim or a lawsuit for wrongful deaths. In the majority of cases, a victim's asbestos-related illness stemmed from long-term exposure to airborne asbestos particles. When inhaled, these toxic fibers cling to the lung and can cause mesothelioma or lung cancer. The majority of people who develop these illnesses are unaware that they were exposed asbestos until a long time after the exposure. This is because the symptoms of mesothelioma, as well as other asbestos-related diseases, typically don't appear until decades after exposure. While filing an insurance claim might seem like a good idea, it's not always in the victim's best interest. Workers' compensation benefits are generally limited and do not be enough to compensate victims for their losses. Many companies that used asbestos in their products were forced to enter bankruptcy because of the large number of mesothelioma claims filed against them. These solvent companies remain responsible for asbestos lawsuits because they still have to pay the victims' damages. In some cases the injuries suffered by victims are so serious that punitive damages are necessary. In order to obtain punitive damages the plaintiff must demonstrate that the defendant's actions went beyond mere negligence. This typically involves the employer being aware of the risks of exposure to asbestos and did not take measures to safeguard their employees. The attorneys at Dreyer Boyajian LLP have successfully handled mesothelioma and asbestos cases that have resulted in multi-million dollars settlements. William Dreyer, Donald Boyajian and their founding partners have over 75 years of experience in the field of complex litigation. We have developed an unique business model for managing asbestos dockets in the national level Our clients appreciate the amount our innovative approach saves them in legal spend in comparison to other firms that handle these matters.
mesothelioma and asbestos lawyers
