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How to File an Asbestos Exposure Claim An asbestos exposure claim forces asbestos manufacturers to be accountable for their actions, which have hurt millions over decades. The process could help victims and their families get compensation for medical expenses, lost income, and funeral expenses that are associated with asbestos-related illnesses. The people who work with asbestos often carry asbestos fibers to their home, primarily on their skin and clothing which exposes their family members to further exposure. This can cause mesothelioma as well as other asbestos-related diseases. Medical Records It's important for patients diagnosed with mesothelioma, or another asbestos-related disease to have all the medical records required. These records will help their lawyer prove that asbestos exposure has caused their condition and they should be compensated for it. The law requires plaintiffs to have an imaging scan, a pathology and doctor's declarations linking the diagnosis to an asbestos-related illness. Lawyers will also require the patient's employment history and the names of the companies and jobs. People who are exposed to asbestos for an extended period of time, such as those working employed in the construction industry, are at a higher risk of developing mesothelioma or other diseases. A mesothelioma lawyer who is experienced can also assist in gathering additional evidence, for example, a client's worker' compensation claims, veterans' benefits and other financial accounts. These documents can give valuable details about asbestos-related products or employers. If a victim is diagnosed with mesothelioma by an expert doctor, their attorney can bring a lawsuit for personal injury or wrongful deaths against asbestos product manufacturers. Legal action must be taken within the statute of limitations, which varies by region. In New York State, for example, legal action is required within three years from the date on which the victim realized (or should have realized through symptoms) that he or her had an asbestos-related disease. Victims can also seek out compensation from a trust fund to compensate for asbestos in addition to pursuing legal action against the manufacturer. The process isn't easy however a mesothelioma lawyer will take care of every step of the claim. You can also sue the employer if you are a victim or if your family member is. This kind of lawsuit differs from a personal injury lawsuit and usually involves the use of liens. Liens are financial agreements between the insurer of the defendant and mesothelioma victims 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 patients and their families may be entitled to compensation for their losses. This includes funeral expenses, lost wages, and discomfort and pain. Work History If you or someone close to you was exposed to asbestos, creating an extensive work history is important. It can assist attorneys in determining the type of claim that is appropriate and the documentation required to support it. In the 20th century, asbestos was used in many trades, including shipyards, construction and insulation. These workers carried asbestos fibers home on their clothing, putting the families at risk of developing mesothelioma later. A North Carolina mesothelioma lawyer could look over your or a loved one's medical records and work history to determine whether a secondhand exposure claim is possible. A mesothelioma case involves determining which companies are liable for asbestos victims' losses, including medical expenses, funeral costs and lost income. Lawyers can help clients obtain documents such as company pension or disability information, interview witnesses and develop an outline of the events. If a mesothelioma victim died before the case was settled the family may bring a wrongful death lawsuit to recover compensation. A wrongful death lawsuit can be filed to help offset the debt incurred by funeral and treatment costs, and to provide much-needed financial security. If required asbestos victims' lawyers can file claims against multiple defendants to ensure full payment. This could include the company that supplied raw asbestos, manufacturers of asbestos-related products, and negligent employers. These companies knew that their products were causing harm and failed to warn or safeguard workers. The EPA offers a number of resources to families and individuals who suffer from asbestos-related ailments. These include the TSCA Hotline and Asbestos Ombudsman. Trust funds established by survivors of spouses or asbestos victims could offer compensation to those suffering from asbestos-related ailments such as mesothelioma. In contrast to workers' compensation asbestos lawsuits require an attorney to represent not the employer, but rather the client. In the case of mesothelioma lawsuit, that means finding a seasoned lawyer who is proficient in pursuing compensation from trust funds or private insurance companies who have claimed that they are not responsible for exposing asbestos victims toxic substances that cause cancer. Secondhand Exposure Although the majority of mesothelioma cases involve firsthand exposure to asbestos however, secondhand (ambient) exposure can be an important risk factor. Individuals may come into contact with asbestos while washing laundry or interacting with furniture, or in physical contact with a person who works or handles asbestos-containing materials. These interactions can release harmful fibers into the air, where others can inhale them or swallow them. Asbestos lawsuits involving secondhand exposure usually require the assistance of an experienced attorney who is able to track asbestos exposure. Attorneys who have experience in handling these types of claims can examine documents and talk with witnesses to determine the source of exposure. Lawyers can help asbestos victims to file a lawsuit and make sense of the state laws regarding liability. Secondhand asbestos exposure occurs mostly when blue-collar employees bring asbestos fibers at home after their shifts. Anaheim asbestos attorney brought these contaminated clothes hair, equipment and clothing into their homes where they would lounge on couches, use appliances and interact with surfaces for hours or minutes. Contact with family members, such as spouses and children, exposed them to asbestos. The people probably did not realize that they were bringing carcinogenic substances into their homes. the tiny fibers would often get caught on hair, clothing and even skin. Asbestos claims are filed by those who have come in contact with contaminated clothing, furniture or other household items. This type of lawsuit typically 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 identify the companies who made the asbestos-containing products they came across. Asbestos sufferers can also sue asbestos trust funds, which pay fixed amounts to mesothelioma sufferers and other people suffering from asbestos-related diseases. It is easier to make a claim than it is to sue a company individually, and often, compensation is easier to get from a trust fund than from an employer. Individuals who qualify for money from an asbestos fund should contact a law firm which has a specialization in mesothelioma as soon as possible. These lawyers can determine if they are eligible to file a claim, determine the most appropriate state or jurisdiction for the lawsuit and oversee the entire process of filing. Statute of Limitations The statute of limitations which is the longest amount of time that an individual has to bring a lawsuit in a state, can vary. In certain states, the clock begins to tick when the patient is diagnosed with an asbestos-related illness, whereas in other states, it starts when they are exposed for the first time. A mesothelioma lawyer with experience can help patients understand the statute of limitations for their state and how it affects the type of asbestos claim they're filing. Detailed medical records, employment history and relevant product details are required to establish an association between exposure and the asbestos-related disease. It is difficult to pinpoint a precise date of exposure due to the long time between the onset of asbestos-related illnesses. A skilled lawyer can review the legal and medical options which include filing an individual or group lawsuit against negligent asbestos companies. This could be a company that mined asbestos or made asbestos-containing products, or an employer who was aware of the dangers to employees but did not protect them. A successful asbestos lawsuit can pay for medical expenses, home care expenses, lost quality-of-life, suffering and pain as well as funeral costs and loss in the consortium of your loved one who died of an asbestos related disease. Companies that exposed asbestos workers to more than $30 billion have set trust funds. Many mesothelioma sufferers have received financial compensation from these trust funds. A mesothelioma lawyer who is specialized will review evidence related to asbestos and determine the best way to start an asbestos lawsuit, either for personal injury or wrongful death. A knowledgeable lawyer can also assist with determining where to file, as states where a victim resided or worked as well as the locations of asbestos-related companies may influence filing requirements. A seasoned mesothelioma lawyer will gather as much information as they can to support 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 used on the job. These documents are required to show that the exposure to asbestos of the victim led to their mesothelioma.