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If you or a loved one has suffered from asbestos exposure and consequent health conditions, such as mesothelioma, you have the legal right to seek compensation. You can file a lawsuit against manufacturers, distributors, and suppliers of asbestos.
Unfortunately, filing an asbestos claim can be a lengthy and frustrating process. Things can be a lot less intimidating when you know the process inside and out. Let’s break down the steps of filing an asbestos claim.
Seek Legal Counsel
First things first: You need the right person by your side. An experienced asbestos lawyer will guide you throughout the process and ensure that nothing slips through the cracks. When choosing an asbestos lawyer, consider the following factors:
- Familiarity with asbestos cases
- Credentials
- Success rate
- Availability of resources, such as an asbestos exposure database, medical resources, and expert witness statements
- Client testimonials
- Positive reviews
- Fees and costs
- National reach
Confirm Eligibility
The outcome of an asbestos claim rests upon one thing: Proving a connection between the asbestos-related illness and asbestos exposure. Known for its fire-resistant and insulating properties, asbestos was widely used in various industries, including construction and shipbuilding.
An asbestos lawyer will take into account your history to determine where and how you were exposed. Was it through asbestos in insulation at a factory? Or during your time in the military? Connecting the dots and identifying liable parties will help build a strong case.
Gather Evidence
Legal firms specializing in asbestos cases, such as ESLM Law, will help gather evidence for your claim. This includes:
Medical records – X-rays, CT scans, and reports verified by medical professionals, will form the foundation for your case.
Previous job information – contracts and union records will indicate where you worked and the specific job duties you performed.
Witness testimony – supervisors or colleagues who can confirm your exposure to asbestos.
Product description – a detailed description of products and materials you were exposed to can strengthen your case.
Photographs – evidence of asbestos-containing materials at the workplace.
Determine Claim Type
Once you’ve collected all the relevant evidence, it is time to determine a specific type of claim you would be filing. There are three asbestos claims:
Personal Injury Lawsuit: This is filed by a patient with mesothelioma or other asbestos-related illnesses. The defendant may seek compensation for medical expenses, lost income, pain, and suffering.
Wrongful Death Lawsuit: If a loved one has passed away due to an illness caused by asbestos exposure, you can file a wrongful death lawsuit and seek compensation for funeral and previous medical costs.
Trust Fund Claim: If the company responsible for asbestos exposure has filed for chapter 11 bankruptcy and set up a trust fund, you can file a trust fund claim. The trust fund will decide on the amount of compensation on behalf of the company.
File the Claim
Once your medical and exposure history is clear, and you’ve decided upon a type of lawsuit, it’s time to file the claim. Your lawyer will handle all the paperwork and keep you in the loop. Now your job is to focus on your health and the well-being of your family.
