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How to File an Asbestos Exposure Lawsuit A person who has been diagnosed as having an asbestos-related condition like mesothelioma, or another disease, may file an asbestos exposure lawsuit. The lawsuit can be a civil action or a claim based on an bankruptcy trust fund. The legal process differs from case-to-case and the laws vary from state to state. There are a few fundamental elements that are common to all cases. The Statute of Limitations Depending on where you live the victims could have between one and three years to bring a lawsuit. These deadlines are referred to as statutes of limitation. Anyone who files after the statute's expiration date may lose their chance to receive compensation. A top mesothelioma attorney can assist you in determining if the statute of limitations applies to your situation. The statute of limitation applies to personal injury and wrongful death claims. The statute of limitations varies by state and is different depending on the nature of claim. For instance, a personal injury claim begins to start running from the date of diagnosis however a wrongful-death suit begins to run when the victim passed away. The mesothelioma statutes are complicated, because symptoms can take a long time to show. This delay makes it difficult to determine when a person actually became injured from asbestos exposure. To combat this problem, most jurisdictions in the United States adhere to what is known as the discovery rule. This rule states that the statute of limitations doesn't start until a person is diagnosed with an asbestos-related disease and has a clear understanding that their condition could be related to previous exposure. It can be difficult to diagnose mesothelioma or other asbestos-related diseases and it is essential that victims and their families seek out immediately with a doctor. A mesothelioma physician can determine a timeframe of when exposure to asbestos occurred. This can assist attorneys in constructing a strong case before the statutes of limitations expire. Even if the company which exposed the victim to asbestos went into bankruptcy, an attorney can still seek compensation from shareholders. The law allows victims to pursue compensation from the owners of the company when the victim was exposed to asbestos. If you or a loved one has been diagnosed with an asbestos-related illness Contact the Cleveland asbestos lawyers at Plevin & Gallucci today to set up a consultation for free. We will diligently gather all necessary documentation for your case and submit it on time before the statute of limitations expires. Gathering Evidence In order to file a lawsuit against asbestos, lawyers must collect an extensive amount of documentation, including medical records. This includes medical bills as well as treatment plans and employment records that show proof of your illness and exposure to asbestos. An experienced attorney will also have access to a proprietary asbestos database that allows them to determine exposure to specific companies, products, or workplaces. This makes the process of suing simpler for clients as it cuts down on time needed to prove their case. As the result of asbestos litigation, many victims have received compensation from the responsible parties. Compensation is available for funeral costs, medical expenses, and income loss. Family members who survive can also file a lawsuit for wrongful deaths in order to receive compensation for losses they've suffered due to the victim's asbestos related condition. The type of claim filed will depend on a person's particular situation and degree of their disease. Someone diagnosed with mesothelioma may be awarded a greater amount of compensation than a person who is newly diagnosed with asbestosis. However the success of a claim will always consider the duration of exposure and types of asbestos products exposed to the plaintiff. A knowledgeable lawyer can analyze the case of the victim and determine the best way to proceed to get maximum compensation. This could mean filing a lawsuit against multiple entities or making an asbestos claim to an asbestos trust fund. The former is generally faster and less expensive than the latter. However, it is important to remember that trust funds typically have lower recovery rates. An experienced lawyer can help his client to submit the correct evidence and complete the required documents. This will include responding to any requests for documents or attending depositions, should they be required. The attorney will handle the majority of the legal proceedings, however the plaintiff is required to be a participant in the proceedings to provide information and support their assertions. It is important to hire an attorney who is experienced in handling these cases. Filing a Claim The legal process to obtain compensation for mesothelioma as well as other asbestos-related diseases is complicated. A qualified mesothelioma attorney can guide you through the procedure to maximize your chances of receiving a fair amount. This means obtaining thorough medical evidence to support your mesothelioma diagnosis and the establishment of a link between your asbestos exposure and your illness. It is crucial to submit your claim as quickly as you can. Many patients with mesothelioma or other asbestos-related diseases are eligible for compensation that covers medical expenses as well as lost wages and other expenses associated with their diagnosis. Once you have a mesothelioma lawyer they will gather the necessary evidence and prepare your case to file. This could include gathering employment records and medical files and information about the product. They will determine who is accountable for your asbestos exposure and seek to reach a settlement with them. If a settlement is not reached your mesothelioma lawyer will take the liable party to the court. Many victims and their loved ones receive compensation from mesothelioma lawsuits. The amount of compensation you receive will depend on your medical condition and how they have impacted your life. Many victims receive financial aid from a trust of multi-billion dollars which was established to assist asbestos-related victims and their families. If you were exposed asbestos on a military base or any other government property or property, the Department of Veterans Affairs may also compensate you. This program provides monthly disability payments and free medical treatment for veterans who suffer from asbestos-related diseases or mesothelioma caused by their exposure in the military. Many victims or their loved family members have filed mesothelioma litigation against companies that promoted the use asbestos, even though it was recognized as a risk. Thousands of others have received compensation through asbestos litigation and mesothelioma settlements. Most cases are settled outside of the courtroom. If a case goes to trial, mesothelioma lawyers will be able to present evidence that proves your exposure to asbestos affected your living conditions and the amount of compensation you should be awarded for your injury or your loss. Meeting with an Attorney If you or a loved one have been diagnosed with an asbestos-related illness You may be able to claim compensation for your losses. A successful claim could pay for medical bills loss of income, home care expenses, funeral and burial costs, and pain and discomfort. The first step is to consult with an attorney who specializes in asbestos cases. Asbestos lawyers can assist you to gather the necessary evidence to prove your exposure and the reason for your disease. They will review any documents that detail your exposure to asbestos, including your medical records and your work background. To gather more information they can also reach out to former employers, unions or co-workers. They'll need information on the kind of work you were exposed to as well as your age and how you were exposed to the work. Your lawyer will hire medical experts to analyze your condition, write reports and testify during depositions and trial. Expert testimony can prove that your condition was caused by exposure to asbestos. They can also determine the worth of your injuries and identify liable parties. Every case is different. Your legal rights are affected by the type of asbestos and the location in which you were exposed. It is best to choose a law firm that has national experience with asbestos lawsuits. They have the resources to find all asbestos-related companies liable, determine the place where your case should be filed and move the litigation quickly. You must be a full participant in your lawsuit. Your attorney will do the majority of the work, however you will need to provide evidence and respond to discovery requests and attend your depositions. You will also be required to agree to being interviewed by attorneys on behalf of the defense. North Richland Hills asbestos attorneys will offer a no-cost consultation and go over the options for filing a lawsuit against asbestos. They will answer all your questions and inform you your legal rights. They work on a basis of contingency fees which means they only get paid when they receive compensation for you. They can also assist you to with filing claims for veterans benefits or asbestos trust fund claims if other methods of compensation aren't available or not enough.