Apr 15 2009
What you need to know about filing an asbestos claim
Today, asbestos is a banned substance in construction work, but not too long ago, it was commonly used in the construction of buildings, and even schools and homes. Prolonged exposure to asbestos has put many people at risk, even causing a type of cancer called mesothelioma and asbestosis, whether they were in construction or they lived in a home that contained asbestos. Because people now have a better understanding of the risks of asbestos, they have come to recognize the symptoms of the diseases.
As such, many people have been filing asbestos claims against their former employers; current claimants reportedly number over 700,000. If you have been diagnosed with mesothelioma or suffer symptoms indicative of an illness brought about by asbestos, or if you have a family member who fell ill as a result of asbestos exposure, you have every right to file an asbestos claim. Keep in mind, however, that you must be well prepared to file your claim and that you need able representation in order to successfully receive your rightful compensation. Some of the things you need to prepare for filing your asbestos claim are information such as your work and life history; this information will help your lawyer identify which companies or locations exposed you to asbestos. A medical diagnosis is also important to have on hand and you must meet the medical criteria set for mesothelioma and asbestos claimants.
Don’t forget to find out if your state has any laws regarding the time when you file an asbestos claim; some states require you to file a claim up to two years after your diagnosis.
Filing an asbestos claim can be a tricky process because you need to have sufficient proof that you have been afflicted as a result of a company’s actions and that you really are impaired. Too many people are presently filing frivolous lawsuits simply in an attempt to make money; this makes the process more difficult for genuine claimants because it requires them to provide additional documents and evidence, and it also decreases the chance of their claims to receive attention because courts must spend time filtering out the fake, unfounded lawsuits.
Don’t let this discourage you from pursuing your case, however. Many claimants have been successful in their lawsuits, and for you to win your case, you need to know your rights, fulfill the requirements, and have a lawyer who has a thorough knowledge and extensive experience in handling asbestos lawsuits.