Types of Asbestos Compensation Claims

Many asbestos victims qualify for financial assistance. They may be eligible for compensation through a lawsuit or trust fund settlement, or even a VA disability claim.

People who suffer from an asbestos-related disease can make a personal injury claim or wrongful-death suit. These lawsuits are aimed at holding negligent asbestos companies accountable for not warning consumers about the risks associated with their products.

Statute of Limitations

Asbestos victims and their families should be aware of statutes of limitation which define the timeframes within which they can bring suit against asbestos producers who exposed them to the harmful fiber. The statutes of limitations vary from state to state and depend on the type of suit and severity of injury. For instance, murder cases are treated much differently than petty theft and may have longer limitations than other violations.

The majority of personal injury laws have a defined timeline that is determined by both the state where the lawsuit was filed and the nature of the injury. Mesothelioma claims and other asbestos-related lawsuits are complicated and cannot always be tied to a specific date of exposure. A lot of people were exposed to asbestos for long periods of time, and the signs of mesothelioma are often not apparent after decades of exposure. As a result, the standard statute of limitations "clock" does not begin when an individual first becomes sick or is diagnosed with mesothelioma, rather, it starts at the time that they knew or should have known that their exposure to asbestos was the cause of their injuries.

Because of this discovery rule it is imperative that asbestos victims keep extensive medical records, as well as other evidence to back their claims. These documents are essential to help their attorneys prove that asbestos exposure occurred and that they have a valid compensation claim. They should also document the time they first became aware of their symptoms as well as the type of treatments they received.

They must also keep track of their employment, retirement and their residence. This information will be vital to determine which state's statute of limitations will apply to their situation. In certain states, statutes are more lenient than in others, and these differences could make filing more difficult.

In addition, if someone close to you died from mesothelioma, or another asbestos-related disease, the family could bring a wrongful death lawsuit against multiple defendants. The wrongful-death lawsuits have their own statutes, which are often shorter than personal injury claims. Due to the complexities involved asbestos victims and family members should seek advice from an experienced mesothelioma lawyer as early as possible.

How to File a Claim

A victim of asbestos may be eligible for compensation claims for a broad range of losses. An experienced lawyer can assist victims decide which claims they are eligible to file, as well as what legal options are available to them.

An experienced attorney will begin by gathering evidence. This could include medical records, employment histories, and relevant product details. They will also work to connect a patient's health to the particular asbestos exposure. A majority of attorneys have resources patients do not have, and are able to identify the companies and products that cause asbestos exposure.

Once the lawyer has enough evidence, he'll bring a lawsuit against the person responsible. This will occur in either civil court or with an asbestos trust, and it will describe the facts of the case, and also the type of compensation the victim is seeking. The other party is given the opportunity to respond and provide their own proof.

Other financial assistance programs are also available to victims in addition to filing a suit or reaching settlement. Disability benefits, private health care, Medicare, Medicaid, long-term insurance and Social Security payments are all included. The VA also offers a variety of compensation programs for veterans who served in the U.S. military and were exposed to asbestos.

A reputable mesothelioma lawyer can explain the different types of compensation and how they apply to your unique situation. They will assist you in deciding the best option for you, and will handle every aspect of the legal procedure. They can even help get you compensation that can be used for costs like funeral or other expenses that end up being a part of the funeral.

If you are working with an asbestos lawyer who is experienced in the field, you can expect to be compensated within a few months. If the case is taken to court it could take up to a year. But this is not the case. An asbestos lawyer's goal is to make sure that you and your family receive an appropriate amount of compensation in the event of the death of a loved one or injuries caused by asbestos.

Locating a Lawyer

Selecting an attorney for your mesothelioma case is one of the most crucial decisions you will make. You should choose a lawyer or firm with experience in asbestos cases. You also want to choose an attorney who can meet your specific needs and can help you get the compensation you deserve.

A New York mesothelioma attorney will review your case free of charge and determine whether you have a valid claim for compensation. They will determine if you're legally eligible to pursue a lawsuit or a different method of seeking compensation such as an asbestos trust fund or veterans' benefits. They will also be able to answer any questions you may have about the asbestos companies responsible for your exposure and if they have successors to be held accountable.

Asbestos lawsuits hold companies accountable for their negligence that resulted in an employee's exposure and subsequent illness. The asbestos industry was aware of the dangers but continued to use the substance to protect their profits instead of warning workers or consumers about the dangers. Asbestos lawsuits can help victims and families recover from their financial losses including the loss of wages, medical expenses, and other expenses.

A mesothelioma lawyer with experience can help victims obtain compensation from different sources. They will determine if you are eligible for compensation from an asbestos trust fund for victims and assist you file a claim using the appropriate funds. They can also bring a lawsuit against the asbestos company responsible for your exposure, or on behalf of the loved ones who have passed in death.

Many local asbestos attorneys have offices in New York, but you can also find reputable national firms that take care of claims for residents of all states. These national firms can assist you make an asbestos claim in the state that is most appropriate for you. They can also travel to your location to conduct depositions, interviews, and court appearances.

Using a website that lists lawyers who specialize in different areas of the law can help you to narrow your search for an asbestos attorney. For instance, Nolo's site lets you search for attorneys by their schooling and areas of expertise, as well as other pertinent information. Nolo's website lists many lawyers who specialize in asbestos-related cases and mesothelioma.

Recovering Compensation

The process of obtaining compensation through an asbestos lawsuit is the best way to make sure you have enough money to cover your medical care and other expenses. It also allows you to hold the manufacturer accountable for their actions. However, determining which kind of claim is the most appropriate option for your situation can be a difficult task. An experienced mesothelioma lawyer will assist you in evaluating your options.

Two main types of asbestos claims are personal injury and wrongful death. A personal injury case aims to seek compensation for the victims or their families from companies who did not warn consumers and workers about asbestos' dangers. The wrongful death case seeks compensation for loved ones who died from asbestos-related illnesses. These claims are made by the family members of victims who can no longer make a claim.

Some of the asbestos-related companies found to be guilty in court settlements have set up trusts to compensate those who have been diagnosed with mesothelioma and other asbestos-related illnesses. Trusts that are set up contain assets that exceed $30 billion that can be used to pay victims and their compensation. Asbestos lawyers specializing in trust cases assist victims and their families to get the compensation they deserve.

Many asbestos claims are based upon showing mesothelioma is present and that your condition is a result of the exposure to asbestos. An attorney for mesothelioma will know how to gather evidence, such as your asbestos exposure history, to establish the connection.

Veterans could be eligible to receive mesothelioma compensation. Veterans are exposed to asbestos during the military, and a few suffer from mesothelioma and related conditions because of this exposure. Patients diagnosed with mesothelioma may pursue both VA benefits as well as asbestos lawsuits to cover the medical expenses.

Mesothelioma is a life-changing illness that impacts every aspect of a person's existence. It can affect the quality of life of patients, which is why the lawyers at Weitz & Luxenberg fight for our clients to get them the financial support they deserve.