5 Steps to Filing An Asbestos Claim
Asbestos is a mineral that was used as a fire retardant as well as strength-building agent during the construction of private and commercial properties. Although asbestos use has waned because of its cancerous agents, there are still thousands of asbestos claims filed each year.
What is an Asbestos Claim?
When you or a loved develops mesothelioma or another asbestos-related disease (such as lung cancer caused by asbestos), you can seek compensation through an asbestos claim or lawsuit. Individuals who suffer from an asbestos-related illness file such claims against employers, government agencies, or the manufacturers of asbestos-based products.
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
1. 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 a disease is to visit a doctor and have a full physical examination. 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.
2. Following the diagnosis, you will need to determine your particular state’s “statute of limitations” in regards to filing for asbestos compensation. These laws vary by state and put 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.
3. 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.
4. After searching for qualified asbestos lawyers, you must hold interviews or consultations with them 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.
5. After you have chosen your asbestos lawyer you will begin to develop your case. You and your lawyer will go over all the facts in regards to the obtainment of your disease, including the safety measures taken in the workplace, and your specific job while working with asbestos. A full review of all pertinent evidence and information will be analyzed to successfully distribute an argument which undoubtedly proves that the contraction of the disease was precipitated by the employer’s negligence or the organization’s failure to institute proper safety protocol.