Did you know that about 4% of all lung cancer cases in the U.S. are attributed to asbestos exposure? According to the Mesothelioma Center, 2,500 to 3,000 new mesothelioma cases are diagnosed in the U.S. each year.
Men over 65 who work jobs like construction, firefighting or the military are at the highest risk for mesothelioma. Losing a loved one is never easy, especially when their death was caused by a preventable illness like mesothelioma or another asbestos-related disease.
Filing an asbestos claim after the death of a loved one is one way to seek justice and pursue financial relief. An asbestos claim will require you to carefully document everything and identify the parties responsible.
This article will walk you through the steps required to file an asbestos claim.
Understanding Asbestos Exposure and Its Consequences
Asbestos, a popular building material known for its fiber strength and heat resistance, is hazardous when inhaled. Even a modest amount of exposure to asbestos can cause lung cancer, asbestosis, and mesothelioma. Symptoms for these diseases usually appear years after direct exposure.
You or a close relative may have been exposed if you worked in industries like construction, shipbuilding, or manufacturing.
Early detection of symptoms can save a life, as the effects of asbestos can manifest decades later.
If you suspect you have been exposed to asbestos, you should see a doctor to get a proper evaluation and decide what steps to take next.
Establishing a Legal Basis for Your Claim
To get the compensation you deserve, you must first determine the legal basis of your asbestos exposure claim. Identify the employer, asbestos producer, or landlord who failed to take necessary measures to protect you from asbestos exposure.
You must prove that the exposure caused your or your loved one’s injury or death. Demonstrating a clear link between your injury and the asbestos exposure can help you hold the responsible party legally liable.
See to it that you research your state’s statute of limitations. This regulation specifies how long you have before your claim is deemed invalid, and you lose out on the compensation you deserve.
Set an appointment with a legal counsel specializing in asbestos lawsuits. Their assistance may strengthen your case and guide you through what would otherwise be a difficult battle.
Gathering Necessary Documentation and Evidence
The case for an asbestos claim has to be supported by adequate documentation and evidence. Collect medical reports highlighting the details of the asbestos-related disease of the deceased and the death certificate citing cause of death.
The employment history for the affected individual can provide additional context and show where the exposure to asbestos took place.
Try to interview other witnesses, such as co-workers or family members and obtain more details about the asbestos exposure from them. Any documents relative to former claims or settlements should be included.
Maintain all records of your expenses for treating asbestos-related diseases and other related damages. This documentation will provide more support in a lawsuit.
Choosing the Right Legal Representation
After gathering the necessary documentation and evidence, you need to find the appropriate legal counsel to assist you with the claims process.
Search the internet for asbestos claims attorneys. Look for a lawyer with a strong track record of winning cases and experience in handling similar cases.
Schedule appointments to discuss your situation and get their feedback. Check their interpersonal skills. You need an attorney who is empathetic and willing to answer inquiries.
Know the lawyer’s fees and payment structures early on. Understanding the legal costs involved in hiring a lawyer helps you stay within your budget.
Trust your instincts. Work with someone you are comfortable with, especially since asbestos claims involve you or your loved one’s well-being.
Selecting the right attorney can have a significant impact on the outcome of the claim. Following these steps can help you make an informed decision.
Managing the Claims Process and Deadlines
Understanding legal timelines and procedures will help you experience a smooth claims process. Always check the state’s statute of limitation, which varies depending on the case’s jurisdiction.
Gather witness statements and the important documents, like medical records, employment history, and proof of exposure to any of the asbestos products.
Set up a meeting with your attorney and have them review the claim forms for errors before mailing them. Timely submission is important. Failing to submit the required documents on time can be detrimental to your claim.
Staying organized and proactive throughout the claims process will allow you to effectively manage the complexities of your asbestos claim.
