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3 Common Reasons Why Your Asbestos Exposure Claim Isn't Working (And How To Fix It)
How to File an Asbestos Exposure Claim

A claim of asbestos exposure requires asbestos manufacturers to accept responsibility for their actions that have caused harm to millions of people over the decades. This process can help families and victims receive compensation for the medical expenses, lost income and funeral expenses that are associated with asbestos-related illnesses.

The people who work with asbestos frequently bring asbestos fibers home on their clothes and skin and expose family members to further exposure. This can lead to mesothelioma and other asbestos-related diseases.

Medical Records

Medical records are essential for patients with mesothelioma, or other asbestos-related illnesses. These records will aid their lawyer prove that exposure to asbestos caused their illness and that they are entitled to compensation.

The law requires that plaintiffs submit an imaging scans and physician's statement connecting the diagnosis to an asbestos-related health problem. Lawyers will also need the history of employment for the patient as well as the names of the companies and jobs. Santa Monica asbestos lawyer exposed to asbestos over an extended period of time, like those in the construction sector are at a greater risk of developing mesothelioma or other illnesses.

A mesothelioma lawyer with experience can also assist in obtaining additional evidence, such as workers compensation claims, veteran's benefits, and other financial records. These documents can provide important information regarding asbestos products or employers.

If a patient is diagnosed with mesothelioma by the physician, their attorney may make a claim for personal injury or wrongful deaths against asbestos product manufacturers. Legal action must be taken within the time limit of the statute of limitations that varies according to the region. In New York State, for instance, legal action is required within three years from the date on which the victim discovered (or was able to realize based on symptoms), that he or she was suffering from an asbestos-related illness.

In addition to pursuing legal action against a manufacturer, victims can seek compensation from an asbestos trust fund. The process can be complex however a mesothelioma lawyer will manage every aspect of the claim.

It is also possible for the victims or their families to file a wrongful death lawsuit against their employer. This kind of lawsuit is different from a personal injury lawsuit and typically involves liens. Liens are financial agreements between the insurer of the defendant and a mesothelioma patient 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 could be entitled to compensation for the losses they suffered. This could include funeral costs, lost wages, and discomfort and pain.

Work History

If you or someone close to you was exposed to asbestos, establishing an accurate work history is important. It can assist lawyers in determining the type of claim that is appropriate and what documentation is required to support it.

During the 20th century asbestos was widely used in trades, such as shipyards, construction and insulation. These workers often brought home loose asbestos fibers on their clothing and put their families at risk of developing mesothelioma decades later. A North Carolina mesothelioma lawyer could look over your or someone else's medical records and work history to see whether a secondhand exposure claim could be possible.

A mesothelioma lawsuit involves determining which companies are liable for asbestos victim's loss, such as medical expenses, funeral costs and lost income. Lawyers can assist clients in obtaining documents like pension or disability information, interview witnesses and create an outline of the events.

If a mesothelioma sufferer dies before their case is settled, the victim's family can file a lawsuit for wrongful deaths to seek compensation. A wrongful-death suit can be filed to cover funeral and treatment costs, as well as to ensure financial security.

If required asbestos victims' lawyers may file claims against multiple defendants to receive full payment. This can include the company that supplied raw asbestos, the manufacturers of asbestos products and negligent employers. These companies knew that their products were causing harm but failed to warn or safeguard workers.

The EPA offers a range of resources for families and individuals who suffer from asbestos-related ailments. The TSCA Hotline, Asbestos Ombudsman and other resources are accessible. Trust funds set up by survivors of spouses or asbestos victims may provide compensation to individuals who suffer from asbestos-related illnesses like mesothelioma.

Unlike workers compensation, an asbestos lawsuit requires an attorney to represent the interests of the plaintiff not the employer. In the case a mesothelioma case requires an attorney who has expertise in seeking compensation against trust funds or private insurers who have averted responsibility for the exposure of asbestos victims to cancer-causing substances.

Secondhand Exposure

Although the majority of mesothelioma cases result from firsthand exposure to asbestos however, secondhand (ambient) exposure can also be a risk factor. Individuals can come in contact with asbestos while doing laundry, interacting with furniture or in physical contact with someone who works around, with or handles asbestos-containing materials. These interactions can release toxic asbestos fibers in the air. others can breathe them in or ingest.

Asbestos lawsuits involving exposure from secondhand sources usually require the assistance of an experienced attorney who is skilled in tracing asbestos exposure. Attorneys who have handled these types of cases will be able to review documents and speak with witnesses to identify the source. Attorneys can also assist victims file a asbestos lawsuit and understand state laws regarding liability.

In most instances, secondhand exposure to asbestos is the result of a blue-collar worker carrying asbestos fibers home after their shifts. Workers brought contaminated clothing, hair, and equipment home, where they sat on couches, used appliances, and touched surfaces minutes or even hours later. Asbestos was spread to family members such as spouses, children and others through this contact. These individuals likely did not know they were bringing in carcinogenic materials into their homes, and the tiny fibers could be found on hair, clothing and even on skin.

Individuals who have come into contact with contaminated laundry, furniture or other objects can submit an asbestos claim. 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 help plaintiffs identify companies that manufactured asbestos-containing products.

Asbestos sufferers can also bring a lawsuit against asbestos trust funds that pay fairly fixed amounts for mesothelioma as well as other asbestos-related diseases. The process is simpler than bringing an individual lawsuit against a company and it is easier to receive compensation from a trust fund instead of an employer.

Individuals who qualify for money from an asbestos fund should contact a law firm which specializes in mesothelioma immediately. These lawyers can determine the eligibility for filing an action, decide which state or jurisdiction is the best one to file the lawsuit and handle the entire process.

Statute of Limitations

The statute of limitations which is the maximum amount of time that an individual has to pursue a lawsuit within a state, can vary. In some states, the clock starts to tick as soon as a patient receives a diagnosis of an asbestos-related illness, whereas in other states the clock starts when they first became exposed.

An attorney for mesothelioma can assist patients in understanding the statute of limitations in their state and how it relates to the type of asbestos claim they are filing. To prove a link between exposure to asbestos and the onset of disease, detailed medical documents, employment histories and pertinent information about the product are required. It is difficult to pinpoint a specific date of exposure due to the long time of latency for asbestos-related diseases.

A knowledgeable lawyer can evaluate the legal and medical options and can help file an individual or group lawsuit against negligent asbestos-related companies. This could include a company that mined asbestos or made asbestos-containing products, or an employer who knew about asbestos exposure but did not ensure their safety.

A successful asbestos lawsuit could help pay for medical expenses home care costs, lost quality-of-life, suffering and pain and funeral costs and loss in the consortium of your loved one who died of an asbestos related disease. More than $30 billion has been set aside in trust funds by companies that exposed workers to asbestos. The majority of mesothelioma sufferers have received financial compensation from these trust funds.

A mesothelioma lawyer who is specialized can examine evidence related to asbestos and determine the best way to start an asbestos lawsuit, either for personal injury or the cause of death. An experienced lawyer can help determine the right place to file. The state where the victim lived or worked or worked, as well as the location of asbestos-related firms could be a factor in the filing requirements.

An experienced mesothelioma lawyer will gather as much information as is possible to support the client's case. The evidence can include the patient's medical records, employment record and any asbestos-related products used during the course of work. These documents are required to show that the exposure to asbestos of the victim resulted in their mesothelioma.

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