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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit is filed by a person who has been diagnosed with an asbestos-related disease like mesothelioma or another disease. The lawsuit could be a civil action or a claim that is based on an bankruptcy trust fund. The legal procedure varies from case-to-case and the laws vary from state to state. There are a few key elements that are common to all cases. The Statute of Limitations Depending the location you live in The victims can have between one and three years to make a claim. These limitations are known as statutes of limitations. Anyone who tries to claim compensation after the deadline for filing risk losing their chance for compensation. A top mesothelioma lawyer will help you determine if the statute of limitations is applicable to your case. The statute of limitations applies to personal injury and wrongful deaths claims. Each state has its own laws that govern the statute of limitations and this time limit will vary based on the type of claim that is filed. For instance, a personal injury lawsuit begins to start running from the date of diagnosis but a wrongful death suit will begin running on the day that the victim passed away. The mesothelioma statutes are complex, as symptoms can take a long time to show. This latency period makes it difficult to understand when a person actually became injured by asbestos exposure. To combat this issue, the majority of jurisdictions in the United States adhere to what is known as the discovery rule. This principle states that a statute of limitations does not start ticking until a person is diagnosed with an asbestos-related disease and has knowledge that their illness may be related to past exposure. It is sometimes difficult to determine mesothelioma and other asbestos-related illnesses which is why it's crucial that patients and their families see an expert as soon as possible. A specialist in mesothelioma can determine the time frame of exposure to asbestos. This can assist attorneys to build a successful case before the statute of limitations runs out. Even if the company that exposed the victim to asbestos has gone under Lawyers can still pursue compensation against shareholders. The law allows victims to seek compensation from the owners of the company when the victim was exposed. Contact the Cleveland asbestos lawyers at Plevin & Gallucci to schedule an appointment for a free consultation if you or a member of your family has been diagnosed with a condition caused by asbestos. We will be diligent in helping collect all the necessary documentation to make sure you file it before the statute of limitations expires. Gathering Evidence In order to file a lawsuit against asbestos, lawyers must gather ample documentation, which includes medical records. This includes medical bills and treatment plans as well as employment records that document your illness and asbestos exposure. An experienced attorney will have access to a proprietary asbestos database that allows him or her to pinpoint exposure to specific companies, products, or workplaces. This makes the litigation process easier for clients since it cuts down the 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 lost income. Additionally, family members of a loved one who has passed away may file a wrongful-death lawsuit in order to receive compensation for the loss they suffered as a result of the victim's asbestos-related illness. The type of claim that is filed will depend on the victim's unique circumstances and the severity of their illness. For instance, a patient who has mesothelioma may receive a higher compensation than someone who has just been diagnosed with asbestosis. However, a successful claim will always consider the length of exposure and types of asbestos products that were uncovered to the plaintiff. A competent lawyer will be able analyze a victim's specific situation and determine the most appropriate option for the victim in order to receive maximum compensation. This could include filing a lawsuit against several entities or making claims to an asbestos trust fund. The former is typically more efficient and less expensive than the latter. However, it is important to remember that trust funds usually offer lower recoveries. An experienced lawyer will assist his or her client to submit the appropriate evidence and complete all the necessary paperwork. This includes responding to requests for documents or attending depositions, if required. The attorney will handle the majority of the legal proceedings but the plaintiff is required to be an active participant to provide information and support their claims. It is essential to choose an attorney who has experience in handling these cases. How to File a Claim The legal process to obtain compensation for mesothelioma or other asbestos-related illnesses can be complicated. A mesothelioma lawyer can help you navigate the legal system and increase your chances of obtaining an appropriate settlement. This includes obtaining medical evidence that proves the mesothelioma diagnosis and establishing a link between your exposure to asbestos and your condition. It is also vital to file your claim as soon as possible. Many people diagnosed with mesothelioma or another asbestos-related disease are eligible for compensation to pay for medical expenses, lost income and other costs associated with their diagnosis. When you choose to work with a mesothelioma lawyer, they will gather the necessary evidence to prepare your case. This may include gathering employment documents, medical records and other relevant information about the product. They will determine who is accountable for the asbestos exposure you have suffered and try to negotiate a settlement with them. If a settlement cannot be reached your mesothelioma lawyer will take the party responsible to the court. Many victims and their families are awarded compensation from mesothelioma lawsuits. The amount you receive will depend on your symptoms and the way they have impacted your life. Many victims receive financial aid from a multi-billion-dollar trust set in order to compensate asbestos sufferers and their families. If you were exposed to asbestos while at the military base or any other government property and you were exposed to asbestos, you could be eligible for compensation from the Department of Veterans Affairs. Veterans who suffer from mesothelioma, asbestos-related illnesses or other illnesses due to their military service can receive monthly disability compensation along with free medical treatment. Many victims and their families 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 remunerated from asbestos and mesothelioma litigation settlements. Most cases are settled outside of the courtroom. In cases that do go to trial, a mesothelioma lawyer can present evidence that proves your exposure to asbestos impacted your living conditions and the amount of compensation that is due for your injury or your loss. Meeting with a lawyer If you or someone you love has been diagnosed with an illness caused by asbestos, you could be entitled to compensation for the losses you suffered. A successful claim may be used to pay medical bills as well as lost income and home care costs, funeral and burial costs, and pain and discomfort. The first step is to meet with a lawyer that specializes in asbestos exposure cases. Asbestos lawyers can help you collect the evidence needed to prove that exposure to asbestos is the cause of your condition. They can review any documents that describe your exposure to asbestos, including your medical records and employment history. To find out more they can also contact former employers, unions or coworkers. They will need to know the types of work you performed, your age and when you were exposed to. Your lawyer will engage medical experts to analyze your condition, write reports, and testify in depositions and in trials. Expert testimony can prove that your illness was caused by exposure to asbestos. They can also establish the value of your injury worth and determine the parties responsible. Each case is unique. Your legal rights are impacted by the type of asbestos used and the location in which you were exposed. You will need to choose a firm with extensive experience in asbestos lawsuits across the country. They have the resources necessary to find all asbestos-related companies liable, determine where your lawsuit should be filed, and move the litigation along quickly. You'll need to be a part of your lawsuit. You must be an active participant in your lawsuit. Your attorney can handle the majority of the work, however you'll need to provide evidence and respond to discovery requests. Charlotte asbestos lawyer will also be required to agree to being interviewed by attorneys on the defense. The top NYC asbestos lawyers will provide an initial consultation for free and go over the options for filing a lawsuit against asbestos. They will address all your questions and explain to you your legal rights. They only get paid if they are successful in obtaining compensation for you. If other methods for compensation aren't available or adequate they can assist you to file for veterans benefits and asbestos trust funds.