Asbestos, a naturally occurring mineral once used extensively in building materials, has been linked to various health concerns such as lung cancer, mesothelioma, and asbestosis. While the use of asbestos has significantly decreased over the years due to its health risks, many people who were exposed to it decades ago are now starting to see the consequences.
If you or a loved one has been diagnosed with an asbestos-related illness, you may be wondering what your options are for seeking compensation. Let’s dive in and learn more about how you can receive justice for any harm caused by exposure to asbestos.
Choosing the Right Attorney
First and foremost, if you are considering pursuing legal action for an asbestos-related illness, you need to find the right attorney to represent you. As these cases can be complex and require knowledge of both medical and legal aspects, choose a lawyer who specializes in asbestos litigation and knows how to navigate the legal system. Especially for those who worked at companies like Raytheon, which have a history of asbestos use in their facilities, an experienced lawyer like belluckfox.com can help you build a strong case. When looking for an attorney, be sure to consider their experience, success rate, and past clients. Don’t forget to also inquire about their fees and payment options.
Statute of Limitations
Simply put, the statute of limitations is the timeframe in which you are allowed to file a claim. This varies from state to state but typically ranges from 1-3 years after being diagnosed with an asbestos-related illness or discovering it was caused by exposure to asbestos.
As soon as you are diagnosed, consult with an attorney so that you do not miss your chance for compensation. Waiting too long could result in your case being dismissed and you lose the opportunity to receive justice.
Types of Claims
Asbestos exposure is a serious matter that can result in devastating health consequences. If you or a loved one has been affected by this harmful substance, you must know your legal rights. Depending on your situation, you may be eligible to pursue different types of asbestos claims, including:
- Personal injury claims are filed by individuals who have been diagnosed with an asbestos-related disease and seek compensation for medical expenses, lost wages, and other damages.
- Wrongful death claims can be filed by the surviving family members of someone who passed away due to asbestos exposure.
- Worker’s compensation claims seek to cover medical expenses and lost wages for employees who were exposed to asbestos in the workplace.
- Product liability claims can be filed against companies responsible for manufacturing or distributing asbestos-containing products.
It is essential to discuss with your attorney which type of claim is best suited for your situation and offers the most significant chance of success.
Proof of Exposure
The undeniable proof that you were exposed to asbestos is the key to winning an asbestos claim. It would be best if you had a clear link between your illness and asbestos exposure, which can be challenging to prove as it may have occurred many years ago.
Your attorney will work with medical professionals and gather evidence, including employment history, medical records, and witness statements, to establish this connection. To win your case, you must have solid evidence that proves the defendant is responsible for your exposure and illness.
Bankruptcy Trust Funds
Many companies historically associated with asbestos have declared bankruptcy, leaving victims concerned about their ability to seek compensation. Yet, these companies were often required to establish asbestos bankruptcy trust funds as a condition of their bankruptcy proceedings. These trust funds are specifically set aside to pay out claims to individuals affected by asbestos exposure.
Those harmed by asbestos may be able to file a claim with these trust funds, even if the company is no longer in business. Your attorney can assist you in determining if this option is available for your case. If not, there may still be other avenues for seeking compensation.
Settlement or Trial
Once all the necessary evidence has been gathered, your attorney will advise you on whether it is better to settle or go to trial. Many asbestos cases are settled out of court through negotiations with the defendants’ insurance companies. This can result in a faster resolution and guaranteed compensation, but it may also mean receiving a lower amount than you would in a trial.
If your case goes to trial, the jury will determine if the defendant is liable for your illness and the appropriate compensation to be awarded. Your attorney will present all evidence and arguments on your behalf, so you want to have an experienced lawyer who can effectively advocate for you in court.
Seeking justice for the harm caused by asbestos exposure is necessary for your well-being and financial stability. Therefore, it is crucial to understand the legal process and work with a knowledgeable attorney to ensure you receive the compensation you deserve. Do not hesitate to take action if you or a loved one has been affected by asbestos – time is of the essence in these cases. Contact a reputable asbestos attorney today to discuss your options and start the journey toward obtaining justice.
