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How to File an Asbestos Exposure Claim An asbestos exposure lawsuit requires asbestos manufacturers to take responsibility for their actions, which have hurt millions of people over the course of decades. This process can help families and victims receive compensation for medical expenses, lost income, and funeral expenses associated with asbestos-related illnesses. The people who work with asbestos often bring asbestos fibers to their homes on their clothing and skin, exposing family members to further exposure. This can cause mesothelioma and other asbestos-related illnesses. Medical Records It's important for patients diagnosed with mesothelioma or any other asbestos-related disease to have all the necessary medical records. These records will aid their lawyer prove that exposure to asbestos caused their illness and they deserve compensation. The law requires that plaintiffs have a pathology report, imaging scans and physician's statement linking the diagnosis to an asbestos-related health problem. Lawyers also require a patient's history of work and may include a list of jobs and companies. Workers who have been exposed to asbestos over a long period of time, for example, those employed in the construction industry are at a greater risk of developing mesothelioma or other illnesses. A mesothelioma lawyer who has experience can also assist in obtaining additional evidence such as workers compensation claims, veteran's benefits, and other financial records. These documents can provide valuable clues about asbestos product manufacturers and employers. If the victim is diagnosed with a mesothelioma, his or her lawyer can bring a personal injury or wrongful death lawsuit against asbestos-related product manufacturers. Legal action must be initiated within the time limit of the statute of limitations that is different for each region. In New York State, for instance, legal action is required within three years from the date on which the victim realized (or was able to realize due to symptoms), that they was suffering from an asbestos-related disease. Victims can also seek out compensation from a trust fund for asbestos in addition to pursuing legal action against the manufacturer. A mesothelioma lawyer will help you through the complicated procedure. It is also possible for victims or their family members to file a wrongful-death lawsuit against the employer. This kind of lawsuit differs from a personal injury claim and usually involves liens. Liens are financial agreements between the insurer of a defendant and a victim or family of a mesothelioma sufferer. 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 could include funeral costs along with lost wages, discomfort and pain. Work History It is important to create an accurate work record if you or someone you love was exposed to asbestos. It can help attorneys determine the type of claim that is appropriate and the evidence required to support it. Workers in many trades were exposed to asbestos during the 20th century, including those involved in insulation, construction and shipyard work. These workers carried asbestos fibers home on their clothing, putting the families at risk of developing mesothelioma later. A North Carolina mesothelioma attorney could review your medical records or the records of a loved one to determine if a claim based on secondhand exposure is possible. Bellevue asbestos lawsuits involves determining which companies are responsible for the asbestos victims' losses, such as funeral expenses, medical expenses and lost income. Lawyers can assist clients in obtaining documents like company pension or disability information, interview witnesses and create a timeline of events. If a mesothelioma patient passes away before the case is resolved the family of the deceased may file a suit 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' attorneys can file claims against multiple defendants to ensure the full amount of compensation. This can include the company who provided asbestos raw material as well as asbestos product manufacturers and negligent employers. These companies knew their products were causing harm and did not warn or safeguard workers. The EPA offers a number of resources to families and individuals suffering from asbestos-related diseases. These resources include the TSCA Hotline and Asbestos Ombudsman. Trust funds set up by survivors of spouses or asbestos victims could offer compensation to those who suffer from asbestos-related illnesses such as mesothelioma. Contrary to workers compensation however, asbestos lawsuits require an attorney to represent the best interests of the plaintiff not the employer. In the case a mesothelioma lawsuit requires a lawyer who has expertise in seeking compensation against trust funds or private insurers that have averted responsibility for the exposure of asbestos victims to cancer-causing substances. Secondhand Exposure While most mesothelioma cases result from firsthand exposure to asbestos but secondhand (ambient) exposure can be an important risk factor. People may come in contact with asbestos while doing laundry as well as when interacting with furniture or in physical contact with someone who works around, with or handles asbestos-containing products. These interactions can release toxic fibers into the air which others inhale or inhale them. In the majority of cases, asbestos lawsuits involving asbestos exposure through secondhand sources require the assistance of an experienced attorney who is able to identify asbestos. Attorneys who have handled these kinds of claims are able to review the records and talk with witnesses to identify the source. Attorneys can also assist victims file a lawsuit against asbestos and understand state laws regarding liability. In the majority of instances, secondhand exposure to asbestos is the result of a blue-collar employee taking asbestos fibers home with them after their shifts. Workers would bring the contaminated clothes hair, equipment and clothing to their homes, where they would lounge on couches or use appliances, and then touch surfaces for hours or minutes. Asbestos was spread to family members, including spouses, children and others via this contact. The people probably did not know they were bringing carcinogenic substances into their homes, and the tiny particles would be sucked up on hair, clothing and even skin. Anyone who has come into contact with contaminated furniture, laundry or other items may make an asbestos claim. These kinds of lawsuits typically require the help of an experienced asbestos lawyer who can provide evidence like clothing labels, medical records and asbestos tests. Lawyers can also help plaintiffs identify the companies that made the asbestos-containing products that they encountered. Asbestos sufferers can also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma sufferers and others with asbestos-related illnesses. It is much easier to file a lawsuit than to sue a company individually and, in most cases the compensation is much more easily obtained from a trust fund rather than from an employer. Anyone who is eligible for funds from an asbestos fund should contact a law firm that has a specialization in mesothelioma as soon as possible. They can determine if they are eligible to file a claim, determine the state or location that is the best one to file the lawsuit in and manage the entire process. Statute of Limitations The statute of limitations, which sets the time limit for when a person must bring a lawsuit, may vary by state. In certain states, the clock starts to tick as soon as a patient receives a diagnosis of an asbestos-related condition and in other states the process begins when they first became exposed. An experienced mesothelioma lawyer can assist patients in understanding their state's statute of limitations and how it relates to the type of asbestos claim they are filing. To prove the connection between asbestos exposure and diseases, medical documents, employment histories, and relevant product information are required. It is, however, difficult to identify a precise date of exposure since asbestos-related diseases have a lengthy time to develop. A skilled lawyer can help victims understand their legal and medical options, which could include bringing an action against negligent asbestos-related companies. This could include a company that mined asbestos, made products containing asbestos or a negligent employer that was aware of asbestos exposure, but failed to protect workers. A successful asbestos lawsuit could help pay for medical expenses home care costs, loss of quality of life, pain and suffering as well as funeral costs and loss in the family unit if your loved one passed away from an asbestos-related disease. Companies that exposed asbestos workers to over $30 billion have set trust funds. Most mesothelioma patients have received financial compensation from these trust funds. A specialist mesothelioma lawyer can examine evidence related to asbestos and determine the best method to start an asbestos lawsuit, whether for personal injury or the cause of death. An experienced lawyer can assist you in deciding the right place to file. The state where the victim lived or worked as well as the location of asbestos-related businesses could be a factor in the filing requirements. A seasoned mesothelioma lawyer will gather the most evidence to support a client's claim. The evidence includes the medical records of the patient, employment record and any asbestos-related products used in the workplace. These documents are necessary to prove a link between the victim's mesothelioma or another asbestos-related condition and a specific asbestos company or companies responsible for their exposure.