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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit is filed by an individual who has been diagnosed with an asbestos-related illness like mesothelioma, or another illness. The lawsuit may be a civil lawsuit or a claim filed with the bankruptcy trust fund. The legal process is different for each case, and the statutes of limitations differ by state. However there are some key factors that are applicable to the majority of cases. The Statute of Limitations Depending the location you live in the victims could have between one and three years to make a claim. These time limits are known as statutes of limitations. Anyone who files after the statute expires may lose the chance of receiving compensation. A top mesothelioma attorney can help you determine if the statute of limitations applies to your situation. The statute of limitations is applicable to both personal injury claims and wrongful death claims. Each state has its own laws governing the statute of limitations and the time frame can vary by the type of claim that is filed. A personal injury suit begins to run on the date of diagnosis. However, a wrongful-death suit will start running the day after the death of the victim. The statutes for mesothelioma are complex, as symptoms may take years to show. This latency makes it difficult to determine the exact time that an asbestos exposure injury occurred. To address this issue, most jurisdictions in the United States follow what is known as the discovery rule. This rule states that the statute of limitations does not start ticking until the person is diagnosed with an asbestos-related condition and has knowledge that their illness may be related to previous exposure. Mesothelioma and other asbestos-related diseases are difficult to identify It is therefore crucial for the sufferers and their loved ones to consult an expert as soon as they can. A mesothelioma specialist can help establish the timeline of asbestos exposure. This will help attorneys build a winning case before the time limit for filing a lawsuit expires. Even if the company that exposed the victim asbestos went into bankruptcy, an attorney can still seek compensation from shareholders. The law permits victims to seek compensation from the owners of the company after the victim was exposed to asbestos. Contact the Cleveland asbestos lawyers at Plevin & Gallucci to schedule a consultation for free for you or a member of your family has been diagnosed with a disease related to asbestos. We will work diligently to gather all the documentation needed for your case and make sure you file it before the time limit expires. Gathering Evidence To file a lawsuit involving asbestos, lawyers must gather ample documentation, which includes medical records. This includes medical bills as well as treatment plans and employment records that provide proof of your condition and exposure to asbestos. An experienced lawyer will have access to an asbestos database that permits him to identify exposures to specific businesses, products and work sites. This makes the litigation process simpler for clients as it reduces time needed to prove their case. As the result of asbestos litigation, many victims have received compensation from the responsible parties. This can include compensation for lost income, medical expenses as well as funeral expenses. Additionally, family members of a deceased loved one may file a wrongful-death lawsuit in order to receive compensation for the losses they have suffered as a result of the victim's asbestos-related condition. The type of claim that is filed will be determined by the victim's unique circumstances and the severity of their illness. For example, a person who has mesothelioma may receive a higher compensation than someone who has recently been diagnosed with asbestosis. However Tampa asbestos lawyers will always take into account the duration of exposure and the types of asbestos products that are that the plaintiff was exposed to. A competent lawyer can evaluate the case of the victim and determine the best way to proceed to get maximum compensation. This may include filing a lawsuit against multiple entities or submitting an asbestos claim to an asbestos trust fund. The former is usually faster and less expensive than the latter. It is important to keep in mind that trust funds offer lower rates of return. An experienced lawyer will assist his or her client to submit the necessary evidence and complete all required paperwork. This will include responding to any requests for documents or attending depositions, if needed. While the attorney will handle the majority of legal instances, the plaintiff has to be a participant in order to provide information and back up his or her claims. It is essential to choose an attorney who is experienced in handling these cases. How to File a Claim The legal process to obtain compensation for mesothelioma or other asbestos-related diseases can be a bit complicated. A mesothelioma lawyer can assist you navigate the legal system and increase your chances of obtaining a fair settlement. This means obtaining thorough medical evidence to support the diagnosis of mesothelioma and establishing a link between your asbestos exposure and the illness. It is also vital to submit your claim as soon as possible. Many people diagnosed with mesothelioma, or any other asbestos-related illness are eligible for compensation to pay for medical expenses, lost income, and other costs related to their diagnosis. Once you have mesothelioma lawyers they will gather the evidence required and prepare your case to file. This may include gathering employment records, medical files and relevant product details. They will determine who is liable for your asbestos exposure and seek to negotiate a settlement with them. If a settlement cannot be reached, your mesothelioma lawyer will take the responsible parties to the court for trial. Many victims and their loved ones are awarded compensation for mesothelioma lawsuits. The amount of compensation awarded depends on the severity of your condition and how much they affect your quality of life. Many victims receive financial aid from a multi-billion dollar trust which was established to compensate victims of asbestos exposure and their families. If you were exposed asbestos on a military base, or any other property owned by the government or property, the Department of Veterans Affairs may also be able to compensate you. Veterans who suffer from mesothelioma, asbestos-related illnesses or other ailments resulting from their military exposure may be eligible for monthly disability payments as well as free medical treatment. Many victims and their families have filed lawsuits against asbestos companies that promoted its use even after it became known that it was harmful. Thousands of others have been compensated from asbestos and mesothelioma litigation settlements. Most cases are settled out of the courtroom. In cases that do go to trial, a mesothelioma lawyer can present evidence to show how exposure to asbestos impacted your quality of life and the amount of compensation that should be awarded for your injury or loss. Meeting with a Lawyer If you or someone close to you have been diagnosed with an asbestos-related illness, you may be eligible to receive compensation for the losses you have suffered. A successful claim may pay for medical expenses, lost income, home care expenses funeral and burial costs, as well as pain and discomfort. The first step is to talk an attorney who is specialized in asbestos cases. Asbestos attorneys can help you gather the evidence necessary to prove that exposure to asbestos is the reason for your illness. They will review your medical records, employment information and any other documents that document your exposure to asbestos. To get more information, they may also contact former employers, unions or co-workers. They'll need information on the kind of work you did and your age, as well as how you were exposed to the work. Your attorney will retain medical experts to evaluate your condition, create an assessment report and testify at depositions and trials. The expert testimony can establish the cause of your illness by exposure to asbestos. They can also establish the value of your injuries and identify responsible parties. Every case is unique. The type of asbestos you were exposed to and the area in which your exposure occurred are important factors in determining your legal rights. You should select a law firm with nationwide experience in asbestos lawsuits. They have the resources to locate asbestos companies that are liable, determine where to make your claim and then move the lawsuit forward swiftly. You'll need to be a part of your lawsuit. Your attorney will handle the majority of the work but you will need to provide evidence and respond to requests for discovery and be present at depositions. You will also need to agree to be interviewed by defense attorneys. The best NYC asbestos lawyers will provide a no-cost consultation and review your asbestos lawsuit options. They will go over all your legal rights and answer any questions you may have about filing a claim. They only receive compensation if they are successful in obtaining compensation for you. If other methods of compensation aren't available or adequate, they can help you file for veterans benefits and asbestos trust funds.