Mesothelioma & Lung Cancer
Statute of Limitations in Arizona
Asbestos exposure in the workplace occurs when asbestos particles are inhaled or ingested leading to aggressive forms of cancer such as mesothelioma and lung cancer. If you or a family member has developed mesothelioma or lung cancer or a loved one has passed away because of these diseases, you can file an asbestos claim through which you can recover compensation for the damages caused by this lethal occupational asbestos exposure.
Asbestos claims must be filed within the time set by the statute of limitations, different for each state. In Arizona, the statute of limitations fixed for an individual who has developed mesothelioma or lung cancer due to asbestos exposure in the workplace is two years from the date he/she has been diagnosed with the condition.
Wrongful death asbestos claims can be filed within two years from the time of death.
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Mesothelioma & Lung Cancer
Legal Representation in Arizona
If you were a worker exposed to asbestos in the 1960s-1980s, the peak period of asbestos use, your current health problems could be asbestos-related, as asbestos has a long latency period. Occupations associated with asbestos exposure during the 1960s-1980s were mining and milling of raw asbestos, construction, product manufacture, use of end products. Sharing the workspace where others handled asbestos could have also been a cause of asbestos exposure.
Occupations Frequently Exposed to Asbestos
Veterans who served in the 1940s-1980s are, also, at high risk of developing health problems from asbestos because many military occupations entailed asbestos exposure. Veterans eligible for benefits are not only the ones that served in the main five branches (air force, army, coast guard, marines, navy) but also those who served in other uniformed services: national oceanic and atmospheric administration, U.S. environmental services administration, U.S. public health service.
Asbestos Exposure & Veterans
Sick Family Members
Secondary Asbestos Exposure
Perhaps the most frightening aspect of asbestos exposure is that you didn't have to work with asbestos or in an asbestos processing plant to inhale airborne fibers. In the past, asbestos workers and veterans went home carrying asbestos dust on their clothes, because of a lack of proper industrial hygiene. The families were then exposed via inhalation of asbestos dust. Asbestos secondary exposure can be the source of potential asbestos-related diseases. Our legal system offers workers, veterans, and family members the option to file asbestos claims. If your significant other or anyone else in the family has worked with asbestos and subsequently you got cancer or an asbestosis diagnosis, you are entitled to get fair and adequate monetary compensation.
Arizona State Asbestos Litigation
New laws have been passed by the Arizona legislature to reform the way injured people receive their compensation for occupational asbestos exposure damages. The first among the new Arizona State laws is the Successor Corporation Asbestos-Related Liability Fairness Act, passed in 2012. This law enforced new limits on some compensation successor corporations of the asbestos companies had to pay in asbestos exposure claims. This law, in practice, severely affected the amount of money a mesothelioma or lung cancer patient could receive from the company responsible for asbestos exposure in the workplace. In 2015, The State of Arizona passed another law to change the handling of asbestos litigation.
Since July 3, 2015, litigants have 45 days to disclose their personal injury asbestos claims they have submitted to asbestos companies or are planning to file, along with the appropriate evidence and documents related to their claims. This law also denies confidentiality associated with any asbestos claim filed with asbestos companies. Additionally, if the litigant receives some compensation from an asbestos company, the same amount is going to be considered during a final judgment for the claimant. As expected, the enactment of these laws makes it more difficult for mesothelioma or lung cancer patients to claim the full costs of their asbestos-related illness.
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Monetary Compensation
For Asbestos Exposure Victims
The attorneys at Environmental Litigation Group, P.C. can help you file an asbestos claim and recover compensation for:
- Medical expenses
- Future medical bills
- The cost of continued medical care
- Pain and suffering
- Physical impairment (past and future)
- Loss of spousal support & companionship
- Loss of consortium
- Lost wages (past and future)
- Loss of earning capacity damages
- Travel costs for medical treatments
- Costs of daily living help
- Health insurance premiums
- Alternative therapies
- Ability to support dependents
- End of life cost damages
- Funeral expenses
Surviving family members can recover compensation for:
- Wrongful death claims
- Loss of parental care
- Punitive damages (gross negligence damages)
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Filing an Asbestos Claim in Arizona
Current and former residents of Arizona diagnosed with an asbestos-related disease, and their family members should contact us as soon as possible. The statutes of limitations are only two years from the date of the diagnosis (for personal injury claims) and the time of death (for wrongful death claims). In 90% of the cases, we file asbestos trust fund claims rather than going through a lawsuit. Our experienced attorneys will help you with the steps involved in the asbestos claim process.
Bankruptcy trust claims
Asbestos trust funds were set up years ago to pay people that are sick and have been injured by asbestos. However, as asbestos trust funds do not have enough money to pay all asbestos claims fully, they offer a set percentage of the legal demand. But, the funds are typically dispersed faster than in lawsuits. Asbestos trust fund claims are usually handled out of court.
Preparing the claim
The quicker we can get the information from you and get it filed with the asbestos trust funds, the quicker the payment will come. In the beginning, we are on a fact-finding mission, but it's not as intensive as a typical lawsuit would be. It's more of an administrative process.
Gathering the information
Initially what is required from the asbestos trust fund is to prove exposure to that particular's asbestos trust fund product or products and you also have to show that you've been diagnosed with an asbestos-related disease. First, we will qualify the medical reports. Then, we have to prove how you were exposed: primarily through occupation or secondarily through a family member that you lived with and who worked directly with or around asbestos-containing products. For occupational exposure, you have to tell us where you have worked at and inform us about any products that were in your working environment.
Filing your claim
We make the process simple, and we don't put anything other than the actual necessity on you to provide certain documentation to prosecute your asbestos claim. As soon as we get the necessary information, we can start filing that with the asbestos trust funds and expect payment within a couple of months.
Claim evaluation
Asbestos trust funds usually qualify the asbestos claim and pay it under two processes. "Expedited Review" is based on a minimum set of probable medical and asbestos exposure criteria and applications receive a schedule amount that is not negotiated. "Individual Review" allows for asbestos claim amounts up to a published maximum. Factors that determine the actual amount can include but are not limited to, age at diagnosis, jurisdiction, and the settlement history of your counsel.
Claim payment
Trustees make a determination and decide whether they will or won't pay the asbestos claim. Usually, payment comes within a couple of months, and we can set up a stream of revenue for our clients. You will benefit from a variable continual cash flow which adds up to a lot over time.
At Environmental Litigation Group, P.C., we strive to get you the best asbestos claim results possible. To pay out asbestos claims, asbestos trust funds managers rely on something called case valuation matrix. Case valuation matrix is a document approximating historical settlements values and assigning different values for compensable cancer types. The base dollar amounts vary by state or region because location sets occupational asbestos exposure levels. The table below provides the average settlement values, by disease level, at asbestos trust funds with seven disease levels, as presented in Rand Corporation's report on Asbestos Bankruptcy Trusts.
AVERAGE AMOUNTS PAID BY ASBESTOS TRUST FUNDS
Mesothelioma (Level VIII)
$215,000
Lung Cancer 1 (Level VII)
$40,000
Lung Cancer 2 (Level VI)
$20,000
Other Cancer (Level V)
$22,000
Severe Asbestosis (Level IV)
$42,000
Asbestosis/Pleural Disease (Level III)
$19,000
Asbestosis/Pleural Disease (Level II)
$8,000
Disclaimer: Compensation for your asbestos case will be calculated starting from the base calculation matrix, increasing or decreasing the level of compensation according to the specifics of your case. Factors that can affect the value of your case include, but are not limited to, your location, age, work history, pain and suffering, the asbestos products involved in occupational exposure, and expenses related to your illness. Individual cases vary based on such factors, and previous results don't ensure an equal outcome. The factors specific to your case make it difficult to predict its value before you file an asbestos claim. So, determining how much your case is worth can be a complicated process. If you have any questions about settlements and your legal rights, please contact us immediately for a free consultation.
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Us?
We are a skilled, experienced, and well-knit, dedicated team of lawyers.
We represent people all over the United States and can reach you wherever you are.
We offer free case evaluation and advice and evaluate each case thoroughly.
We help you recover compensation from asbestos trust funds.
We gather evidence that enables us to determine liabilities with high confidence.
We help you recover the maximum possible amount of compensation you deserve.
We help survivors and family members file an asbestos claim on behalf of our deceased client.
We extend our support to help you through your personal and medical difficulties.