Asbestos Claim
An asbestos claim is a lawsuit that is filed by, or on behalf of, a person who has developed asbestos exposure symptoms or was diagnosed with asbestos cancer, also called mesothelioma, due to asbestos exposure. The mesothelioma claim can be filed against a person, group of people, company, or legal entity, whoever is responsible for the asbestos exposure victim’s exposure. However, an asbestos lawsuit can also be filed against the manufacturer of an asbestos product or anyone else whose negligence contributed to the asbestos exposure.
An Asbestos Claim is Usually Handled as a Product Liability Claim
Most people who hire an asbestos lawyer to handle their asbestos claim assume they will be seeking asbestos compensation from the companies who were negligent. However, attorneys who handle asbestos compensation claims most often treat them as product liability claims. Since an asbestos claim is handled in the civil court system, the success or failure of the case is determined by the preponderance of evidence. This means that whichever side does a better job in proving their case wins the case. It’s not like a criminal trial where a prosecutor must prove guilt beyond a reasonable doubt. In a civil case, if your case is more likely true than not true, you will win the case. This is the standard of truth in most civil cases. Handling an asbestos claim in a civil court makes it easier for an asbestos exposure victim to come out on top.
The majority of asbestos lung cancer victims were exposed to asbestos in the workplace. However, in a small percentage of cases, victims were exposed to asbestos in public buildings, universities, and even in their own homes. It can be difficult to prevent exposure in public buildings if the owner or operator of that building is negligent. However, if you own a home that was built in the 1970s or before, it may contain asbestos products. If this is the case, and asbestos removal is necessary to eliminate the threat of asbestos exposure, be sure to hire a contractor to perform the work no matter how much the asbestos removal cost will be. Avoiding exposure is always better than trying to deal with asbestos cancer, mesothelioma, asbestosis, or other asbestos related diseases in the future.
Who Can File an Asbestos Claim?
An asbestos claim does not need to be filed by the victim, but can also be filed by a loved one once the asbestos disease victim has passed away. In most cases, when mesothelioma is initially diagnosed, the mesothelioma prognosis is very poor. The average life expectancy may be only several months to maybe a year or two. For this reason, many asbestos claims are filed by family members and not exposure victims. An asbestos claim can help a patient and their family get compensation to cover medical bills, loss of earning potential or income, disability, and even for pain and suffering, whether physical or psychological.
The first thing that you should be aware of is that there is a statute of limitations when it comes to filing a mesothelioma claim. Each state can have a different time period associated with their own statute of limitations, so it’s important to find out how long it is in your state and file an asbestos claim in a timely manner. The statute of limitations usually begins at the time a person develops an asbestos related disease. However, due to the fact that it can take decades to develop asbestos exposure symptoms after a person is first exposed, the statute of limitations may start when a diagnosis is made instead of when exposure occurred. To be safe, it’s important to see an asbestos attorney immediately after a diagnosis has been made.
Being able to prove the exact source of the asbestos exposure, as well as the identity of the responsible party, are probably the most important aspects of an asbestos lawsuit. Experienced asbestos claim lawyers can work on your behalf to determine these factors and others. A good attorney can help you build a strong case and give you the best chance at a successful asbestos claim.
Because so many asbestos compensation claims have been file in the United States, over six hundred thousand, the government has considered putting in place an asbestos bankruptcy fund. This fund would take away a victim’s right to file an individual mesothelioma claim, while making them eligible to receive asbestos compensation from the fund if certain requirements were met. However, critics point out that if the asbestos bankruptcy fund is created, many victims would not be able to receive compensation that is adequate for their needs. However, as the law stands now, an individual victim has the right to file an asbestos claim for the purpose of receiving compensation for their injuries.