How to File an Asbestos-Related Claim

by James Flood on Nov. 14, 2011

Accident & Injury Asbestos & Mesothelioma Accident & Injury  Personal Injury 

Summary: Knowledge is Power When It Comes to Asbestos Claims

Asbestos was once so common that you could not walk into any building where something did not contain it. That commonality made exposure to the asbestos fibers a regular occurrence with many professions. If you or a loved one has a medical condition related to asbestos exposure, you likely have an interest in filing a claim. The fact is that many companies knew about the hazards of asbestos for decades and covered up the information. They felt the low price and uses of asbestos outweighed the cost to human life. Today, that information is public knowledge.

Here are the steps you need to take to file an asbestos mesothelioma cancer related claim:

  1. In order to file a claim, you, or a loved one, need to have a documented medical condition related to asbestos exposure. There is a range of conditions that this covers. This includes asbestosis, mesothelioma, pleural disease, and lung cancer, among others. Your doctor can help you get that documentation together. You will need doctor's reports as well as test results to present to the court at the appropriate time.
  2. You also need to document when you had asbestos exposure. For many, they have a clear idea of when it happened. Many worked in factories or other industrial buildings where asbestos was a major factor. Some served in military facilities or ships where asbestos was common. Many worked in the automotive industry where asbestos remains a problem even today. Construction workers doing old building renovation or demolition can also have exposure. That documentation allows you to determine against whom you are going to file a claim.
  3. Your ability to file a claim lies in your state's limitations on time and scope. Some states have a strict time limit after your initial diagnosis to file a claim. If you receive a diagnosis, it is very important to speak with a qualified attorney quickly to protect your ability to file a claim. Some state laws allow filing of class action lawsuits for asbestos exposure. However, most who file claims do it on an individual basis, instead of in groups.
  4. A good mesothelioma attorney is essential. You might think any attorney will do. However, attorneys with experience handling mesothelioma lawsuit cases are your best bet. They know how to document the claim properly. They also know how to determine who is responsible for the asbestos exposure. In order to meet your state's statute of limitations, you need a knowledgeable attorney at your side to get the documentation together quickly.
  5. You and your attorney will review the case and put together all the paperwork necessary to file the claim. Your attorney will tell you the documentation required on your part. They will go through the entire timeline of the disease and determine possible points of exposure. In the end, they will put together and file the paperwork necessary to get the claim on its way.

Military personnel have a slightly different path to file a claim. The law does not allow them to use the courts to get compensation. However, they can file claims through the Veterans Affairs department. They have to prove that their asbestos exposure was a result of their military service. If they can do that, they can get their treatments through the VA hospitals. Quite often, veterans have to engage an attorney to have their claims taken seriously.

Please inquire with Flood Law Group, LLP, http://www.lawyer.com/flood-law-group-llp-james-flood.html

References:

http://sci.rutgers.edu/forum/archive/index.php/t-114177.html

http://asbestos.laws.com/asbestos-claim

http://www.medicinenet.com/asbestos-related_disorders/article.htm

http://mesotheliomapage.com/

http://smallcelllungcancer.net/mesothelioma-lung-cancer/

http://www.floodlawgroup.com/asbestos/

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