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How to File an Asbestos Exposure Claim An asbestos exposure lawsuit requires asbestos producers to accept responsibility for their actions, which have hurt millions of people over the years. This process can help families and victims receive compensation for medical expenses, lost income, and funeral costs associated with asbestos-related illnesses. Workers who work with asbestos frequently bring fibers of asbestos to their homes on their clothing and skin, exposing their family to a second exposure. This can lead to mesothelioma, among other asbestos-related illnesses. Medical Records All medical records are important for patients suffering from mesothelioma or other asbestos-related illnesses. These records will help their lawyer prove that asbestos exposure has caused their condition and they should be compensated for it. The law requires that plaintiffs present an imaging scans and physician's statement that the diagnosis is due to an asbestos-related health problem. Lawyers also require the patient's work history, which may include the names of jobs and companies. Workers who were exposed to asbestos for prolonged periods of time, such as those employed in the construction industry, have higher risk of developing mesothelioma as well as other ailments. A mesothelioma lawyer with experience can also assist in obtaining additional evidence like workers' compensation claims, veteran's benefits and other financial documents. These documents can provide valuable details about asbestos-related companies or product manufacturers. If the victim is diagnosed with mesothelioma tumor, their attorney may make a personal injury or wrongful death lawsuit against asbestos-related product manufacturers. Legal action must be taken within the statute of limitations, which varies by jurisdiction. In New York State, for example, legal action is required within three years from the time the victim discovered (or could have realized due to symptoms), that he or she was suffering from an asbestos-related illness. In Charleston asbestos lawyers to taking legal action against a manufacturer, victims can also pursue compensation from an asbestos trust fund. The process can be complex however a mesothelioma lawyer will handle every step of the claim. It is also possible for victims or their family members to file a wrongful death lawsuit against the employer. This type of lawsuit differs from a personal injury claim and typically involves lien. Liens are financial agreements between the insurer of the defendant and a mesothelioma victim or their family. A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma victims and their families may be able to claim compensation for their losses, like funeral expenses as well as lost wages, suffering and pain. Work History It is essential to keep an accurate work record if you or someone you love was exposed asbestos. It will help lawyers determine the type of claim that is appropriate and the evidence needed to support it. Workers in many trades were exposed to asbestos in the 20th century, including those involved in construction, insulation and shipyard jobs. These workers often brought home loose asbestos fibers on their clothing and put their families at risk of developing mesothelioma later on. A North Carolina mesothelioma attorney could examine your medical records or those of a loved one to determine if a claim for exposure to asbestos from secondhand sources is possible. A mesothelioma case involves determining which companies are responsible for the asbestos victims' losses, such as medical expenses, funeral costs and lost income. Lawyers can assist clients with obtaining documents like pension or disability information, as well as interview witnesses and develop a timeline of events. If a mesothelioma patient passes away before their case is settled, the victim's family may file a suit for wrongful deaths to seek compensation. A wrongful death suit can be filed to reduce debts incurred from funeral expenses and treatment, and provide much-needed financial security. If needed, asbestos victims' attorneys can file claims against multiple defendants to ensure complete compensation. This includes the company who provided asbestos in the form of raw asbestos as well as asbestos product manufacturers and negligent employers. These companies knew that their products caused harm but failed to warn employees or take precautions to protect them. The EPA provides a number options for families and individuals who suffer from illnesses that are caused by asbestos. The TSCA Hotline, Asbestos Ombudsman and other resources are readily available. Trust funds established by the spouses of survivors or asbestos victims may compensate those who suffer from asbestos-related diseases like mesothelioma. In contrast to workers compensation, asbestos lawsuits require an attorney to represent not the employer, but the plaintiff. In the case of a mesothelioma suit, this means finding a lawyer who has experience in pursuing compensation against trust funds or private insurers who have denied the responsibility of exposing asbestos victims cancer-causing substances. Second-Hand Exposure Secondhand (ambient exposure) is a risk factor, even the majority of mesothelioma cases are result of asbestos exposure through firsthand. People can come in contact with asbestos while washing clothes, interacting furniture, or having physical contact anyone who works with or handles asbestos-containing materials. These interactions can release the harmful fibers into the air and others may breathe or ingest them. Asbestos lawsuits that involve exposure to asbestos from secondhand sources typically require the help of an experienced attorney who is able to track asbestos exposure. Attorneys who have experience in handling these types of claims are able to review records and interview witnesses to determine the source of exposure. Attorneys can help asbestos victims file a lawsuit and make sense of the laws of the state regarding liability. Secondhand asbestos exposure occurs mostly when blue-collar employees carry asbestos fibers back home after their shifts. Workers carried contaminated clothes, hair and other equipment home where they were on couches, used appliances, and touched surfaces for minutes or even hours after. Asbestos spread to family members such as spouses, children and others via this contact. They may not realize they were bringing carcinogenic substances into their homes. The tiny, minuscule fibers could get stuck to clothing, hair or even skin. Asbestos claims are filed by those who have come into contact with contaminated furniture, laundry or other items. This type of lawsuit usually requires the assistance of an asbestos lawyer who can provide evidence such as clothing tags, medical records, and asbestos tests. Lawyers can also help plaintiffs determine the companies that produced the asbestos-containing products they encountered. Asbestos victims may also sue asbestos trust funds, which pay fixed amounts to mesothelioma patients and other patients suffering from asbestos-related illnesses. It is easier than filing a lawsuit against individual companies, and it is often easier to obtain compensation from a fund rather than an employer. Anyone who is able to receive money from an asbestos trust fund should contact a mesothelioma law firm as soon as possible. They can determine if they are eligible to file a claim, determine the state or location that is the most appropriate to file the claim in and take care of the entire procedure. Statute of limitations The statute of limitations which is the longest amount of time that an individual has to pursue a lawsuit within a state, can vary. In some states, the clock begins in the moment the patient is diagnosed of an asbestos-related illness, while in others, it starts the moment they are first exposed. A mesothelioma lawyer with experience can assist patients in understanding the statute of limitations in their state and how it relates to the type of asbestos claim they're filing. Comprehensive medical records, employment histories and relevant information about the product are needed to show a link between exposure and the asbestos-related illness. It is difficult to pinpoint a specific date of exposure due to the lengthy time of latency for asbestos-related diseases. A competent lawyer can assess a victim's medical and legal options and can help file an individual or group lawsuit against negligent asbestos companies. This could include a company which mined or manufactured asbestos-containing products or an employer who knew about employee exposure and did not take steps to protect them. A successful asbestos lawsuit could help pay for medical expenses home care costs, lost quality-of-life, pain and suffering and funeral expenses and loss in consortium if your loved one passed away due to an asbestos-related disease. Over $30 billion has been put aside in trust funds by companies who exposed workers to asbestos. The majority of mesothelioma victims have received financial compensation from these trust funds. A mesothelioma lawyer will look over evidence relating to asbestos and decide the best method for you to file an asbestos suit, whether it is for personal injury or wrongful death. A lawyer with experience can assist in determining the best place to file. The state where the victim was residing or working, and the location of asbestos-related companies could play a part in the filing requirements. A seasoned mesothelioma lawyer will gather as much evidence as possible to prove the client's claim. The evidence can include the patient's medical records as well as the employment record of the patient and any asbestos-related products employed on the job. These documents are required to show that the exposure to asbestos of the victim resulted in mesothelioma.