How to File an Asbestos Cancer Claim for Exposure

By - February 18, 2020
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If you have mesothelioma or asbestosis, it is probably because you had extensive exposure to asbestos at some point in your life. Most asbestos cancer victims were exposed to asbestos at their work.

Employees such as shipbuilders, electricians, shipyard workers, power plant workers and construction workers are likely to have been exposed to this toxic substance year ago.

No matter how you were exposed to asbestos, if you have mesothelioma or a related condition, you have the legal right to file a claim against the company that caused your condition. Asbestos was known to be toxic as early as the 1930s, but many companies continued to use it despite the many known dangers. (mesotheliomaveterans.org)

How to File an Asbestos Claim for Exposure

  • Legal claims: Making as an asbestos claim through the court system requires an attorney. There are several types of legal claims you can file, depending on the situation. You may be able to file a personal injury lawsuit or wrongful death lawsuit.
  • VA claim: If you are a military veteran with military benefits who was exposed to asbestos in the military and are ill, you may be able to get VA benefits. There are several types of disability benefits available through the VA. An attorney can also help you to file a VA asbestos claim, or you can work directly with the VA.

Hiring an Attorney to File an Asbestos Claim

All legal claims that are filed for asbestos exposure are about negligence. What this means is that someone or an entity filed in their requirement to protect you from ham on the job. In most cases, this means a past employer exposed you to asbestos-containing products and did not tell you about it. Or, they did not provide sufficient safety equipment to protect you from inhaling asbestos fibers into your lungs. (asbestos.com)

Most companies that are found liable for asbestos claims are large manufacturers with many attorneys representing them. To have any chance of winning substantial compensation, you need to have an asbestos attorney working in your corner. You will get much more compensation working with an asbestos attorney than you ever could hope to on your own.

The typical mesothelioma attorney has access to databases, resources and courts that you do not have. Your attorney can also make the claim go faster so you can get money faster. After all, if you have mesothelioma, you probably have a lot of medical bills, lost wages, and considerable pain and suffering. The sooner you are able to obtain compensation from the liable company or companies, the better your life will be.

Some of the things that an experienced mesothelioma attorney can do for you include:

  • Carefully document your asbestos exposure. He or she will be able to find the companies that exposed you to asbestos, when and for how long. This type of detail is essential to win an asbestos claim.
  • Gather evidence of negligent behavior from companies that used asbestos. They can subpoena old company documents that show executives were aware of asbestos exposure and did nothing about it.
  • Write up and file all documents with the proper courts
  • Use their connections with other attorneys and judges to get a faster settlement.

Types of Asbestos Legal Claims You Can File

There are two basic types of claims your mesothelioma attorney can file, depending on the situation:

  • Personal injury lawsuit: This asbestos claim you file because you personally were exposed to asbestos and developed an asbestos-related disease. Each state has an asbestos statute of limitations in which you must file a claim, but it does not begin until the day you have a diagnosis. It can take 40 or 50 years from the time you were exposed until you develop cancer.
  • Wrongful death lawsuit: A person can be exposed to asbestos and pass away from mesothelioma before the asbestos claim can be filed. The lawsuit may start out as a personal injury claim, but before there is a mesothelioma settlement or verdict, the patient could pass away. In these situations, the case may become a wrongful death claim. This is where direct loved ones file the claim to obtain money from damages they had because of the death of their loved one.

Options to File an Asbestos Claim

Asbestos claims vary. They are unique to the person and situation. In some cases, the funds can come quickly through a bankruptcy trust fund. In other cases, funds may only come by going all the way through a trial. Your attorney will help you determine the best path to make your asbestos claim:

Bankruptcy Trust Claims

There have been thousands of asbestos claims filed against many companies that have gone bankrupt. But as part of the bankruptcy, many companies have been required to establish Asbestos Trust Funds to payout asbestos claim benefits to people who have asbestos-related illnesses.

A bankruptcy trust fund may be set up by the judge or by the company directly. Your mesothelioma attorney can help you find out if your company has an asbestos trust fund available.

Lawsuit Claims

Many people hire mesothelioma attorneys near you who file an asbestos claim on your behalf. You can file for damages because of your asbestos illness. This action can include any suffering that you incurred, lost earnings while you were sick, lost future wages, funeral costs, medical costs, and loss of consortium.

When you file an asbestos lawsuit, you should have all of your medical and financial records so that you get the compensation you are owed.

Worker’s Compensation Claims

You may be able to file an asbestos claim against the company you worked for that is a workers’ compensation claim. Every state has its own laws in this area, so you need an attorney well-versed in workers’ compensation laws for each state.

Veterans Benefits Claims

If you worked in the US Armed Forces and were exposed to asbestos, you can file a claim with the Department of Veterans Affairs. People who worked in the military have a higher risk of getting mesothelioma and other illnesses related to asbestos. Your asbestos attorney can help you decide if filing this type of veteran asbestos claim is for you.

Get Mesothelioma Legal Help Immediately

With over $30 billion available for victims through the Asbestos Trust Funds, you could be entitled to financial compensations without ever filing a lawsuit? Mesothelioma & Lung Cancer victims qualify immediately. Complete the form or call us toll-free (800) 352-0871

Karst Von Oiste Mesothelioma Law Firm

Karst & von Oiste is a national law firm; we advocate for clients suffering from mesothelioma and lung cancer around the country. Having represented hundreds of mesothelioma and lung cancer victims across the country over the last 16 years, our firm has obtained many verdicts and settlements for their clients and families. Call us today (800) 352-0871.

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