Asbestos victims need to meet a series of requirements in order to receive financial compensation
In order to qualify for asbestos compensation, you need to fulfill certain requirements that provide a link to asbestos or its products. It is better to seek help from skilled asbestos attorneys who can provide guidance through a clear path in filing your claim and addressing legal concerns. This will, in turn, let you focus on your medical problems instead of the legal process.
The asbestos victims who are planning to file an asbestos trust fund claim must be able to provide the circumstances of their medical claim and connect their symptoms to an asbestos product they have used previously. The companies that manufactured the asbestos-containing products will be held responsible and some of the victims would have claims against several companies.
The major criteria that attorneys look at while reviewing a person’s eligibility for filing an asbestos trust fund claim include:
- Proof of disease: The medical records should show mesothelioma or asbestos-related lung cancer as your primary cancer. The pathology report that reveals the description of the cancerous cells and tissues need to be signed by a board-certified physician. Other diagnostic records such as X-rays, MRIs, CAT scans, and blood studies should document a diagnosis of mesothelioma.
- Proof of asbestos exposure: You need to prove that a connection does exist between you and the asbestos product manufactured by the company at fault. This might be difficult taking into account the latency period of mesothelioma, but specialized attorneys can help you by gathering the needful information.
- Statute of limitation: This is the time period within which an asbestos lawsuit needs to be filed and is generally 1-3 years from the initial diagnosis of an asbestos-related disease. In circumstances of the victim’s death, the statute of limitations period starts from the date of death.
Where and how you may have been at risk of asbestos exposure?
Once it has been established that someone has been diagnosed with a condition considered to be compensable and the claim had been brought within the time limit, we have to establish when, where, and how the person was exposed to asbestos.
In some cases, people are not initially sure where they have been exposed, but the questions of our specialists might jog their memory to identify past asbestos exposure in support of an asbestos claim.
Some conditions, such as asbestosis, a type of pulmonary fibrosis, are caused by heavy exposure to asbestos over many years. Therefore, if someone has been told that they suffer from asbestosis we would be looking for them to have been working with asbestos on a regular basis and suffering extensive exposure to airborne asbestos dust. For example, if someone with asbestosis is only able to identify, say a two week period where they were handled heated tools that contained asbestos insulation for an hour a day, we would not be able to pursue a claim due to lack of evidence of substantial exposure.
If you have been diagnosed with an asbestos-related condition, but can’t pinpoint where exactly you were exposed to asbestos, call Environmental Litigation Group, P.C today. We'll talk to you about the potential ways you could have been exposed to the carcinogenic mineral, and we'll try to help you identify any employers that endanger you.
Contact us today if you would like to discuss a potential compensation claim with our expert team
Were you or a family member diagnosed with mesothelioma, lung cancer, or asbestosis as a consequence of asbestos exposure in the workplace?
Your best first step is to talk to a lawyer specialized in asbestos claims who can guide you and your family through your options for compensation. The attorneys at Environmental Litigation Group, P.C. have successfully recovered compensation for over 25,000 asbestos victims so far and are willing to help you as well.
We have over twenty years of experience in handling asbestos exposure claims and helping family members and patients diagnosed with life-threatening diseases resulted from an occupational industrial workplace or military.
If you're suffering from an asbestos-related condition and are worried you might be out of time for bringing a claim, don’t hesitate to give us a call and we can advise you on when the clock started to run on your claim and whether you are still in time to file a compensation claim.
In addition to filing an asbestos trust fund claim, veterans may also access VA disability benefits by filing a claim with the VA. We are determined to use our experience and expertise as well as our deep compassion and empathy to achieve results and make a meaningful difference for our clients.