Asbestos Claim

What is Asbestos?

•    Asbestos is a mineral that commonly used in construction projects throughout the Industrial Revolution and early 20th century. The mineral was used as a protective additive, as well as strength-building agent, during the construction of private and commercial properties. Although asbestos use has waned, as a result of its cancerous agents, there are still thousands of asbestos claims filed each year.

What is an Asbestos Claim?
•    An asbestos claim is a legal action brought about by an individual who has developed an asbestos-related disease. Asbestos diseases are medical conditions that developed through constant exposure with asbestos. Typically these cases are filed by employees of construction or asbestos companies who were forced to handle the deadly agent for an extended period of time.
•    The development of mesothelioma or other asbestos-related disease (such as lung cancer caused by asbestos) will warrant an asbestos claim. The individual or a family member of the infected individual will file a claim to seek compensation in the form of a monetary settlement.
•    Individuals who suffer from an asbestos related illness file such claims against employers, government agencies, or the manufacturers of asbestos-based products. These claims typically seek a settlement to recoup the costs associated with medical treatment as well as the emotional distress or lost wages associated with the contraction of an asbestos-related disease. The money awarded in an asbestos claim is typically used to pay damages for things such as medical bills, lost wages, psychiatric assistance for mental anguish, disability, and other damages attached to the loss of a loved one or the pain from acquiring asbestos-based diseases.

How to File an Asbestos Claim:

•    In order to file an asbestos claim you or a loved one must be diagnosed with mesothelioma or another asbestos-related disease. The only way to be formally diagnosed with such a disease is to visit a doctor to undergo a physical examination--Obviously the appointment should revolve around the presence of symptoms such as a persistent cough, severe weight loss, and chest pains.
•    The doctor will conduct a biopsy, a CT scan, an MRI, a lung capacity test, or an endoscopic procedure to observe the lungs and conclusively diagnose the disease.Following the diagnosis, you will need to determine your particular states “statute of limitations” in regards to filing for asbestos compensation. These laws vary based on state, and impose limits on the amount of time a person may seek asbestos litigation. Some states only allow a few years following the diagnosis for an asbestos claim to be considered valid.
•    Once you have acknowledged your state’s particular statute of limitations, you must contact an experienced Mesothelioma or Asbestos lawyer. You can search for such types of legal aid in the yellow pages or online, but you must make sure you are searching for qualified individuals who possess substantial credentials and experience with the related subject matter.  When searching for an asbestos lawyer, you must use all resources, including word-of-mouth referrals and all available databases.
•    After searching for a qualified asbestos lawyer, you must hold interviews or consultations to discuss their experience as well as the likelihood of winning your particular case. During this meeting you will also discuss the lawyer’s compensation and the expected settlement from your asbestos claim.
•    After you have chosen your asbestos lawyer you will begin to develop a strategy for your case. You and your lawyer will observe all the facts and motions which lead to the development of your disease. These facts include: the safety measures taken in the workplace, your specific job while working with asbestos and the amount of time you were in contact with asbestos.  A full review of all pertinent evidence and information will be analyzed to successfully formulate an argument to undoubtedly prove that the contraction of the disease was precipitated by the employer’s negligence or the organization’s failure to institute proper safety protocol.