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How do I know if I qualify to claim asbestos compensation?

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.

answered by Gary Anderson

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.

Were you or a family member diagnosed with mesothelioma, lung cancer or asbestosis as a consequence of asbestos exposure in the workplace? 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.

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Every asbestos case is unique and there are numerous factors that might influence the waiting time. Depending on the situation, asbestos claims will result in financial compensation within one month to one year.

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The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

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Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

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Since asbestos exposure occurred in the workplace, you may think that it is the employer who will be held accountable for the victims' terrible diseases. In reality, the issue of liability is much more complex.

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Yes. Smokers who struggle with a disease as a consequence of asbestos exposure are still eligible for compensation, as the asbestos fibers in their lungs are the primary cause of their disease.

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Because asbestos was highly prevalent in numerous industries during the last century, former industrial workers who developed a disease as a result of asbestos exposure are eligible for compensation.

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It is possible to claim compensation for all asbestos-related conditions, whether a patient is suffering from aggressive cancers or other long-term debilitating illnesses such as diffuse pleural thickening.

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Yes. Oftentimes, former industrial workers were exposed to asbestos by more than one employer and, thereby, they have the legal right to seek compensation for all of them.

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If you were exposed to AFFF by living in close proximity to a military base, which used the product, you do not qualify for compensation, as only firefighters and military personnel can take legal action.

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No. While exposure to AFFF from drinking water can lead to the development of serious diseases over the years, only firefighters and military personnel who worked with AFFF qualify for compensation.

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