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How to File an Asbestos Exposure Claim A claim for asbestos exposure forces asbestos producers to take responsibility for their actions that have caused a number of people harm over the many years. The process could help families and victims receive compensation for the medical expenses, lost income and funeral costs associated with asbestos-related illnesses. Workers who work with asbestos typically carry asbestos fibers to their homes on their clothing and skin and expose their families to secondary exposure. This could lead to mesothelioma and other asbestos-related diseases. Medical Records All medical records are important for patients suffering from mesothelioma or other asbestos-related diseases. These records will aid their lawyer prove that exposure to asbestos caused their illness and they should be compensated for it. The law requires plaintiffs to have an imaging scan, a pathology and doctor's declarations linking the diagnosis with an asbestos-related disease. Lawyers will also need the details of the patient's employment history and a list of companies and jobs. Workers who were exposed to asbestos for long periods of time, such as those employed in the construction industry, are at higher chance of developing mesothelioma or other diseases. An experienced mesothelioma attorney can also assist with getting additional evidence such as a client's workers compensation claims as well as veterans' benefits and other financial accounts. These documents can provide valuable information regarding asbestos products or employers. If a person is diagnosed with mesothelioma by a doctor, their attorney can bring a lawsuit for personal injury or wrongful deaths against asbestos product manufacturers. Legal action must be taken within the statute of limitations that varies according to the location. For example, in New York State, legal action must be filed within three years of the date the victim realized (or should have realized due to symptoms) that the person was suffering from an asbestos-related disease. In addition to taking legal action against manufacturers, victims can seek compensation from an asbestos trust fund. The process isn't easy but a mesothelioma attorney will take care of every step of the claim. It is also possible for victims or their family members to file a wrongful-death lawsuit against an employer. This kind of lawsuit differs from a personal injury case and usually involves lien. Liens are financial agreements between a defendant's insurer and mesothelioma victims or their family. Seattle asbestos lawyer 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, such as funeral expenses and lost wages as well as suffering. Work History If you or a loved one was exposed to asbestos, establishing an extensive work history is important. It will help lawyers determine what type claim is appropriate and the evidence needed to support it. During the 20th century asbestos was employed in a variety of trades, such as shipyards, construction, and insulation. These workers brought loose asbestos fibers home on their clothes, putting the families at risk of developing mesothelioma years later. A North Carolina mesothelioma lawyer could examine your or someone else's medical records and work history to determine whether a secondhand exposure claim could be possible. In a mesothelioma lawsuit the plaintiff has to determine the companies responsible for the asbestos-related losses of the victims which include funeral expenses, medical expenses, and income loss. Lawyers can assist clients with obtaining documents such as pension or disability information from their employers as well as interviewing witnesses and establishing an outline of. If a mesothelioma sufferer dies before their case is settled the family of the victim may file a lawsuit for wrongful death to recover compensation. A wrongful death lawsuit can be filed to help offset the debt incurred by funeral expenses and treatment, and provide much-needed financial security. If needed, asbestos victims' attorneys can file claims against multiple defendants to ensure complete settlement. This could include the company that provided raw asbestos, manufacturers of asbestos-related products, and negligent employers. These companies knew their products caused harm but failed to warn employees or take precautions to protect them. The EPA offers a number of resources for families and individuals who suffer from asbestos-related illnesses. These include the TSCA Hotline and Asbestos Ombudsman. Trust funds established by the spouses of survivors or asbestos victims can compensate those suffering from asbestos-related ailments such as mesothelioma. Unlike workers compensation, an asbestos lawsuit requires an attorney to represent the interests of the plaintiff, not the employer. If it's a mesothelioma suit, this means finding a lawyer who has expertise in seeking compensation against trust funds or private insurers who have denied responsibility of exposure to asbestos-related substances that cause cancer. Secondhand Exposure While most mesothelioma cases result from firsthand exposure to asbestos but secondhand (ambient) exposure can be an risk factor. Individuals may come into contact with asbestos while washing laundry as well as when interacting with furniture or having physical contact with a person who works or handles asbestos-containing products. These interactions can release the harmful fibers into the atmosphere, where others can inhale or inhale them. In the majority of cases, asbestos lawsuits involving asbestos exposure from secondhand sources require the assistance of an experienced attorney who knows how to trace asbestos. Attorneys who have handled these types of claims are competent to review documents and speak with witnesses to identify the source. Attorneys can also assist victims file an asbestos lawsuit and navigate the state laws regarding liability. Secondhand asbestos exposure happens mostly when blue-collar employees bring asbestos fibers back home after their shifts. Workers brought contaminated clothing, hair and other equipment home where they lay on couches or sat in kitchens, and touched surfaces minutes or even hours after. The contact with family members, like children and spouses exposed them to asbestos. The people probably did not know they were bringing carcinogenic materials into their homes, and the tiny, insignificant fibers could be found on clothing, hair and even skin. Asbestos claims can be filed by individuals who have come into contact with contaminated laundry, furniture or other products. 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 also help plaintiffs identify the companies that made the asbestos-containing products they came across. Asbestos victims may also bring an asbestos trust lawsuit. funds that pay relatively stable amounts for mesothelioma and other asbestos-related diseases. This process is less complicated than bringing a lawsuit against individual companies and it is simpler to get compensation from a trust fund instead of an employer. People who are eligible to receive money from an asbestos fund should seek out a law firm that has a specialization in mesothelioma as soon as possible. These lawyers can determine the eligibility to file an action, decide the state or location that is best to file the lawsuit and handle the entire procedure. Statute of limitations The statute of limitations, which sets the maximum time a person has to bring a lawsuit, may vary by state. In certain states, the clock begins ticking when a patient is diagnosed as having an asbestos-related disease, whereas in other states, it starts when they are first exposed. An experienced mesothelioma lawyer can help patients understand the statute of limitations for their state and how it affects the type of asbestos claim they are filing. Detailed medical records, employment history and relevant information about the product are needed to show a link between exposure and the asbestos-related illness. It is difficult to pinpoint a specific date of exposure due to the long time of latency for asbestos-related diseases. A lawyer who is experienced can assist victims in understanding their legal and medical options, which may include filing lawsuits against negligent asbestos-related companies. This could include a company that mined asbestos, made products containing asbestos or a negligent employer that was aware of asbestos exposure, but failed to protect workers. A successful asbestos lawsuit may be used to pay medical expenses, home care expenses, lost quality-of-life, suffering and pain as well as funeral costs and loss of consortium if your loved one passed away from an asbestos-related disease. Companies that exposed asbestos workers to more than $30 billion have set trust funds. The majority of mesothelioma sufferers have received financial settlements from these trust funds. A mesothelioma lawyer who is specialized will review evidence related to asbestos and determine the best way to make an asbestos lawsuit, either for personal injury or wrongful death. A knowledgeable lawyer can assist with determining where to file, given that the state where the victim lived or worked and the locations of asbestos-related companies may be a factor in filing requirements. An experienced mesothelioma lawyer will collect the most evidence to support a client's claim. This includes the patient's complete medical documents, employment history, and the names of any asbestos-related products that were used on the job site. These documents are required to show that the exposure to asbestos of the victim resulted in mesothelioma.