Mesothelioma Lawyer

Steps to Filing an Asbestos Claim

Steps to Filing an Asbestos Claim

Asbestos Lawyer

Have you been exposed to asbestos and are now looking for an asbestos lawyer to handle your claim? If so, a lawyer can guide you through the legal process while you’re working with professionals for your asbestos removal Los Angeles, California offers.

What is Asbestos?

Asbestos is a micro particle used in a broad range of materials prior to the late 1980s. Most buildings and residential homes built before this have asbestos in the structure or foundation. It was used in roofing, siding, insulation, tiles, cement, and much more. Although it has since been banned, asbestos is still used in select materials. Furthermore, millions of people have been exposed to asbestos over the last century. Because many asbestos related illnesses take time to develop, and usually go unnoticed for many years, only in the last decade or so has there been a rapid increase in claims. These are expected to rise every year which is why trusts have been set up by many negligent companies.

Understanding Asbestos Claims

If you or a family member has developed mesothelioma, asbestosis, lung cancer, or another type of asbestos illness, it may be possible to recover damages  through an asbestos claim, or in certain cases, a lawsuit. Claims may be filed against:

  • Employers (*including past employers)
  • Government agencies
  • Manufacturers
  • Housing companies
  • + More

Generally claimants, with the help of a lawyer, will seek a settlement to help cover the financial losses associated with medical bills, pain, and suffering. It might also cover therapy, emotional anguish, disability, or death.

How You Can File a Claim for Asbestos Exposure and Illness

  1. To file a claim, you or a family member should have been diagnosed with an asbestos related illness. The diagnosis will likely include a full medical exam, biopsy, CT scan, MRI, lung capacity test, and more.
  2. After your diagnosis, you should call an asbestos lawyer to find out what your state’s statute of limitations are. These laws vary depending on each state and can limit your ability to file a claim. In general you will have between 2 and 5 years to file from the date of your diagnosis.
  3. It is important you have a lawyer helping you with your case. Before choosing an asbestos lawyer make sure he or she is qualified and has experience in handling these types of cases. You may want to call a few firms to get a feel for their skill and capacity. 
  4. Once you have found an asbestos lawyer, he or she will begin to build your case. This takes time, especially the discovery phase in which your lawyer will attempt to determine how you were exposed to asbestos and who could be held responsible. You might also be asked to undergo further medical evaluations to confirm the diagnosis. Expert witnesses might also be used in your case to ensure your argument is as strong as possible.
  5. After your lawyer has put everything together, and sent a letter of notice to the negligent party, the settlement process will likely ensue. Typically this involves negotiations between both sides which eventually results in a final settlement for you and your loved ones. If this is not possible, your lawyer might seek other forms of dispute resolution. In a small number of cases, litigation is required.

Are You Ready to Begin Your Asbestos Claim?

An attorney can understand the devastating impact asbestos illnesses can have on your life and the life of your family. Rest assured they will fight tooth and nail to get you what you deserve after being exposed to asbestos.

 


 

Thank you to our friends and contributors at Nielsen Environmental for their insight into asbestos claims.