Filing an asbestos claim is challenging and downright overwhelming. Choosing the appropriate type of claim, hiring an attorney, and understanding how trust funds work – it is completely normal to feel lost.
But before you lose hope, read this step-by-step guide to taking legal action against asbestos exposure and get compensated:
Step 1: Understand Your Legal Rights
First things first, know your legal rights. If you or a loved one has been exposed to asbestos and developed a severe condition like mesothelioma or asbestosis, you have the right to file a claim. Symptoms of asbestos exposure can include:
- Shortness of breath
- Wheezing
- A persistent cough
- Chest pain
- Fatigue
- Weight loss
Be sure to get a thorough medical evaluation and have all your diagnostic reports at hand.
Step 2: Hire an Asbestos Attorney
Several laws and regulations are in place to protect individuals exposed to asbestos. But navigating this overly complex legal landscape while facing the physical and emotional burden of a diagnosis can be challenging. The best thing you can do is hire a competent and experienced asbestos attorney.
Asbestos attorneys know the law inside and out. They will advise you on your eligibility and the specific legal options available in your situation. An attorney would also help determine the exact site of exposure, be it an old factory, shipyard, or house. This will help build a clear timeline of events, strengthening your claim.
Step 3: Understand How Trust Funds Work
Before filing a personal injury claim, determine if you’re eligible for compensation via a trust fund.
Over the years, hundreds of companies have been sued for using asbestos-infected products or exposing workers to this dangerous substance. Many of these companies then filed for Chapter 11 bankruptcy, and the law mandated them to create trust funds to compensate past and future victims. Experts estimate that nearly $30 million is currently available in mesothelioma trust funds.
For instance, the Johns Manville asbestos trust fund was established in 1988 after the Johns-Manville Corporation filed for bankruptcy due to overwhelming asbestos-related lawsuits.
Your attorney would assess the specific conditions of your exposure, helping you choose the best course of action.
Step 4: Gather Documentation
The next step would be gathering all medical records related to your exposure and diagnosis. This includes imaging results, prescriptions, and diagnostic reports. An attorney would also collect your employment history to identify the source of exposure.
Step 5: File a Claim
If a trust fund settlement doesn’t apply to your case, your lawyer would file a personal injury lawsuit. Working with a reputable law firm is super important here. For instance, ELSM Law has numerous resources at hand, including medical professionals and expert witnesses. This will increase your chances of a fair settlement.
Step 6: Pursue a Settlement or Trial
Many asbestos cases are resolved through out-of-court settlements to save victims from further emotional burden. This also ensures quick compensation, which helps with pending medical bills and lost wages.
If a settlement cannot be reached, your attorney would push for a trial. A judge or jury will determine the appropriate compensation.
