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How to File an Asbestos Exposure Lawsuit A person who has been identified as suffering from an asbestos-related illness like mesothelioma, or a different disease, can bring an asbestos exposure lawsuit. The lawsuit could be a civil action or a claim filed through a trust fund for bankruptcy. The legal procedure varies from case-to-case and the laws vary from state to state. There are some key factors that are common to all cases. The Statute of Limitations Depending on the state The victims have between one and three years to file an asbestos lawsuit. These time limits are called statutes of limitations. If you file after the statute expires may lose the chance of receiving compensation. A top mesothelioma lawyer can assist you in determining the proper time frame for your particular case. The statute of limitation is applicable to personal injuries and wrongful deaths claims. The statute of limitations varies according to state and may be different based on the type of claim. For example the personal injury lawsuit begins to start running from the date of diagnosis, however a wrongful-death suit will begin running on the day that the victim died. The laws for mesothelioma are a bit complicated because symptoms may take years to show. This latency period makes it difficult to understand when a person actually became injured from asbestos exposure. To combat this problem, most jurisdictions within the United States adhere to what is known as the discovery rule. This rule states that the statute of limitations doesn't start until a person has been diagnosed with an asbestos-related condition and is aware that the condition could be a result of prior exposure to asbestos. It is sometimes difficult to determine mesothelioma and other asbestos-related illnesses, so it's important that victims and their families seek out immediately with a doctor. A specialist in mesothelioma can determine the timeline of asbestos exposure. This will help attorneys create an argument that is strong before the deadline for filing a lawsuit. Even if the company which exposed the victim to asbestos has gone bankrupt Lawyers can still seek compensation from shareholders. This is because the law allows victims to seek compensation from the people who were the owners of the company at the time of the exposure. If you or someone close to you has been diagnosed with an asbestos-related illness, contact the Cleveland asbestos lawyers at Plevin & Gallucci today to set up a consultation for free. We will collect all the necessary documentation for your case and file it prior to when the deadline expires. Gathering Evidence Asbestos lawyers need to gather a large amount of medical and other documentation in order to make a mesothelioma suit. This includes medical bills as well as treatment plans. employment records that show proof of your illness and exposure to asbestos. A knowledgeable lawyer will have access to an asbestos database which lets him pinpoint exposures to specific companies or products, as well as work sites. This makes the litigation process easier for clients, as it reduces time needed to prove their case. Many victims have received compensation as a result of asbestos litigation. Compensation can be provided for funeral expenses, and income loss. In addition, surviving family members of a loved one who has passed away can file a wrongful death lawsuit in order to receive compensation for the losses they have suffered due to the asbestos-related condition of the victim. The kind of claim filed will be determined by the victim's unique circumstances and the severity of their illness. For instance, a patient suffering from mesothelioma is likely to receive a larger compensation award than someone who has just been diagnosed with asbestosis. However any successful claim will always consider the duration of exposure and kinds of asbestos-related products that are that were uncovered to the plaintiff. A skilled lawyer can assess the case of the victim and decide what the best course of action to maximize compensation. A lawyer may decide to file an action against multiple organizations or make an appeal to an asbestos trust fund. The former is typically quicker and less costly than the latter. It is important to keep in mind that trust funds offer lower rates of return. An experienced attorney can assist his client to submit the correct evidence and complete the necessary paperwork. This includes responding to requests for documentation or attending depositions, if required. The attorney will handle the majority of legal proceedings but the plaintiff has to be a participant in the proceedings to provide evidence and support their assertions. It is important to hire an attorney with experience in handling these cases. How to File a Claim The legal process for obtaining compensation for mesothelioma and other asbestos-related diseases is complex. An experienced mesothelioma lawyer can guide you through the process to maximize your chances of receiving fair compensation. This includes obtaining medical documents that proves the mesothelioma diagnoses and establishing a connection between your asbestos exposure, and your illness. It is also crucial to submit your claim in a timely manner. Antioch asbestos lawyers with mesothelioma or other asbestos-related illnesses, are entitled to compensation for medical expenses as well as lost wages and other expenses associated with their diagnosis. Once you choose to work with a mesothelioma lawyer, they will collect the necessary evidence to support your case. This may include obtaining medical and employment records and product details. They will determine who is accountable for your asbestos exposure and seek to reach a settlement with them. If a settlement cannot be reached the mesothelioma lawyer will take the party responsible to court. Many victims and their loved ones receive compensation from mesothelioma lawsuits. The amount of compensation awarded depends on the severity of your illness and how much they have affected your quality of life. Many victims receive financial assistance from a multi-billion-dollar trust that was set in order to compensate asbestos sufferers and their families. If you have been exposed to asbestos on a military base, or any other government property and you were exposed to asbestos, the Department of Veterans Affairs may also compensate you. This program offers monthly disability benefits and free medical treatment for veterans who suffer from asbestos-related diseases or mesothelioma caused by their exposure in the military. Many victims and their loved ones have filed lawsuits against asbestos-related companies who advertised its use, even after it became known that asbestos was a danger. Thousands of others have been compensated through asbestos litigation and mesothelioma settlements. Most cases do not go to trial and many are settled outside of the courtroom. If a case goes to trial, a mesothelioma lawyer can present evidence that proves your exposure to asbestos affected your living conditions and the amount of compensation you should be awarded for your injuries or loss. Meeting with an Attorney If you or a loved one have been diagnosed with an asbestos-related illness You may be able to recover compensation for your losses. A successful claim may be used to pay medical bills, lost income as well as home care expenses, funeral and burial costs, and discomfort and pain. The first step is to speak an attorney who is specialized in asbestos cases. Asbestos lawyers can assist you to collect the evidence needed to prove that exposure to asbestos is the root cause of your illness. They can look over any documents that describe your exposure to asbestos, including your medical records and employment history. To get more information they can also reach out to former employers, unions, or coworkers. They will require information about the type of work you did, your age and how long ago you were exposed. Your attorney will enlist medical experts to evaluate your medical condition, write a report and testify in depositions and trials. The expert testimony can establish that your condition was caused by asbestos exposure. They can also establish the value of your injury worth and identify liable parties. Each case is unique. The type of asbestos you were exposed to and the area the exposure occurred are important factors in determining your legal rights. You should choose a law firm with national experience with asbestos lawsuits. They have the resources to locate all asbestos companies responsible, identify the place where your case should be filed, and move the case along swiftly. You will have to be a part of your lawsuit. Your attorney can do most of the work, however you'll need to provide evidence and respond to discovery requests and attend your depositions. You will also be required to agree to being interviewed by attorneys on behalf of the defense. The top NYC asbestos attorneys will offer an initial consultation for free and will review your asbestos lawsuit options. They will outline all of your legal rights and answer any questions you have regarding filing a claim. They work on a contingency fee basis which means they only receive payment when they recover compensation for you. They can also assist you claim veterans benefits and asbestos trust fund claims if other options for compensation are not available or inadequate.