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How to File an Asbestos Exposure Lawsuit A person who has been diagnosed as having an asbestos-related condition like mesothelioma, or another disease, can bring an asbestos exposure lawsuit. The lawsuit could be a civil lawsuit or a claim filed through a bankruptcy trust fund. The legal procedure differs for each case, and the statutes of limitations differ by state. However there are some fundamental elements that apply to all cases. The Statute of Limitations Based 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 try to file a claim after the statute of limitations expires risk losing their chance for compensation. A top mesothelioma lawyer can assist you in determining the right time limit for your particular case. The statute of limitations applies to both personal injury and wrongful deaths claims. Each state has its own laws regarding the statute of limitations, and this time limit can vary by the type of claim made. For instance, a personal injury lawsuit begins to run from the date of diagnosis, however, a wrongful death lawsuit begins to run on the day the victim died. The laws for mesothelioma are complex, as symptoms may take years to show up. This latency makes it difficult to determine when an asbestos exposure injury occurred. To combat this issue, the majority of jurisdictions within the United States adhere to what is known as the discovery rule. This rule states that a statute of limitations doesn't begin to run until a person is diagnosed with an asbestos-related condition and has knowledge that their condition could be related to previous exposure. Mesothelioma and other asbestos-related diseases are difficult to identify and therefore it is crucial for the sufferers and their loved ones to consult a doctor as soon as possible. A specialist in mesothelioma can determine the timeline of asbestos exposure. This can assist attorneys in constructing an effective case before time limit for filing a claim expires. Even if the business that exposed the victim asbestos went bankrupt An attorney may still pursue compensation from shareholders. The law allows victims to seek compensation from the owners of the company after the victim was exposed to asbestos. If you or a loved one has been diagnosed with an asbestos-related illness, contact the Cleveland asbestos lawyers at Plevin & Gallucci today to schedule a free consultation. We will work diligently to collect all the necessary documentation for your case and make sure you file it before the time limit expires. Gathering Evidence Asbestos lawyers should gather extensive medical and other documentation in order to file a mesothelioma lawsuit. This includes medical bills as well as treatment plans and employment records that prove the extent of your illness and exposure to asbestos. A knowledgeable lawyer will have access to an asbestos database, which permits him to pinpoint exposures to specific companies, products and work sites. This helps to make the process of litigation much simpler for clients, as it decreases the time required to prove their case. As as a result of asbestos litigation, many victims have received compensation from the responsible parties. This includes compensation for lost income, medical costs and funeral expenses. In addition, surviving 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 asbestos-related condition of the victim. The type of claim made will be determined by the victim's specific situation and the severity of the disease. For instance, a person with mesothelioma will likely receive a larger compensation award than someone who has recently been diagnosed with asbestosis. A successful claim will always take into consideration the length of exposure as well as the kinds of asbestos products that the plaintiff was exposed to. A skilled lawyer can assess the victim's case and determine what the best course of action to ensure 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. It is important to keep in mind that trust funds have lower recovery rates. An experienced attorney can help his client submit the proper evidence and complete the necessary documents. This will include responding to any requests for documents or attending depositions, should they be required. While the attorney handles the majority of legal instances, the plaintiff has to be an active participant to provide evidence and back up his or her claims. This is why it is vital to choose a lawyer who is skilled in these types of cases. Making a Claim The legal procedure to receive compensation for mesothelioma or other asbestos-related diseases can be a bit complicated. An experienced mesothelioma lawyer can help you navigate the process to maximize your chances of receiving a fair amount. This includes obtaining thorough medical evidence that supports the diagnosis of mesothelioma and making a connection between your asbestos exposure and your illness. Pleasanton asbestos attorneys is also essential to file your claim as soon as possible. Many patients with mesothelioma or other asbestos-related illnesses, are entitled to compensation that covers medical expenses including lost wages, medical expenses and other expenses related to their diagnosis. Once you hire a mesothelioma attorney, they will gather the necessary evidence to prepare your case. This could include gathering employment records, medical files and relevant product details. They will determine the parties responsible for your asbestos exposure and try to reach an agreement with them. If no settlement is reached your mesothelioma attorney will take the liable parties to court to be tried. Mesothelioma cases can result in compensation for many victims and their families. The amount of compensation received depends on the severity of your symptoms and the extent to which they have affected your quality of life. Many victims receive financial aid from a multi-billion-dollar trust that was set to compensate asbestos victims and their families. If you were exposed to asbestos at an army base or on other government property, you could also receive compensation from the Department of Veterans Affairs. Veterans suffering from mesothelioma or asbestos-related diseases or other illnesses due to their military exposure can receive monthly disability benefits and free medical care. Many victims and their loved ones have filed lawsuits against asbestos-related companies who promoted its use even after it was known that asbestos was harmful. Settlements from asbestos and mesothelioma litigation have compensated thousands of other people. Most cases are settled out of court. If a case goes to trial, mesothelioma lawyers will be able present evidence to show how exposure to asbestos has affected your quality of life and the amount of compensation that is due for your injury or your loss. Meeting with an Attorney If you or someone you love has been diagnosed with an illness caused by asbestos, you could be entitled to compensation for your losses. A successful claim can cover medical expenses, loss of income and home care expenses, funeral and burial expenses and pain and suffering. The first step is to talk an attorney who is specialized in asbestos cases. Asbestos attorneys can help you collect the evidence needed to prove that asbestos exposure is the root cause of your condition. They will review any documents that document your exposure to asbestos, such as your medical records and employment history. They may also reach out to your previous employers, unions, and co-workers to gather more information. They will need information about the type of work you did and your age, as well as how you were exposed to the work. Your lawyer will engage medical experts to examine your condition, write reports and testify during depositions and in trials. Expert testimony may prove that asbestos exposure is the cause of your illness. They can also estimate how much your injury is worth and identify liable parties. Each case is unique. Your legal rights are impacted by the type of asbestos used and the place where you were exposed. It is best to choose a law firm that has extensive experience in asbestos lawsuits across the country. They have the resources necessary to locate all asbestos companies that are accountable, decide where your lawsuit should be filed and move the litigation quickly. You must be an active participant in your lawsuit. Your attorney will handle the majority of the work, however you'll need to provide evidence, respond to discovery requests and take depositions. You will also need to accept being interviewed by lawyers from the defense. The best NYC asbestos lawyers will provide a free legal consultation and will review your options for asbestos lawsuits. They will explain all of your legal rights and answer any questions you have regarding filing a claim. They operate on a contingency fee basis, meaning they only receive payment when they collect compensation for you. If other methods of compensation aren't feasible or sufficient for you, they can help you file for veterans benefits and asbestos trust funds.