The preliminary step: am I eligible for compensation?
There are certain eligibility criteria you need to meet in order to seek financial compensation for the disease you developed as a result of asbestos exposure. However, it is important to know that asbestos exposure cases have a statute of limitations of 3 years from the moment you find out your diagnosis is the consequence of asbestos exposure in the majority of states. If the statute of limitations is exceeded, you can no longer file a claim to recover the compensation you deserve. Thereby, if you have a history of asbestos exposure and came to struggle with a disease because of it, you should make pursuing a claim for compensation a priority, in addition to your treatment.
Eligibility requirements for former industrial workers
If you were exposed to asbestos in occupational settings and subsequently developed a related disease, our attorneys can help you file a claim as long as the statute of limitations is still valid. You will have to send your attorney your employment records, which will be used as evidence of occupational asbestos exposure, and your medical records, which will stand as proof of related diagnosis. The rest of the paperwork will be efficiently taken care of by our legal team. Your claim will be filed with the asbestos trust fund of the company you worked for and, if you were exposed to asbestos by multiple companies, we will file a claim with all of them. It is important to know that if you have cancer, your claim will be expedited so that you can obtain the compensation you are entitled to within a shorter period of time.
While the legal process is very complex, it will require minimal involvement on your part and you will not need to travel to Birmingham, Alabama if you have a cancer diagnosis, as everything will unfold over the phone. On the other hand, if you have benign disease, such as asbestosis, you will need to come to our law firm so that you can undergo asbestos screening, during which our medical specialists will determine whether there are asbestos fibers in your lungs. The asbestos screening will take about 2 hours and will involve chest X-rays, as well as breathing and blood tests. Here are the eligibility requirements for former industrial workers injured by asbestos exposure:
- must have a diagnosis that makes you eligible for seeking compensation
- must have been exposed to asbestos on the job
- must have been diagnosed within the last 3 years
Eligibility requirements for veterans
Numerous veterans, particularly those who served in the U.S. Navy, were exposed to asbestos, as the military made use of tremendous amounts of asbestos due to the convenient properties it has, as well as because it was very cheap. It is estimated that there were 300 different asbestos products on every Navy ship during the last century, which led to severe exposure. If you are a veteran who served before 1980 when regulations concerning the use of asbestos came into effect and developed a disease you believe is related to military asbestos exposure, please contact our law firm and we will file a claim both with the asbestos trust funds of the companies whose dangerous products you handled and with the VA, as they also offer disability compensation to veterans injured by asbestos exposure during service. These are the eligibility requirements for veterans whose health was affected by military asbestos exposure:
- must have worked with asbestos products during military service
- must have a diagnosis that makes you eligible for seeking compensation
- must have received your diagnosis within the last 3 years
Eligibility requirements for cancer patients
If your asbestos exposure, whether occupational, military, or secondary, resulted in the development of cancer, your claim will be expedited, as we prioritize clients who have malignant diseases. This way, you will receive the compensation you deserve within a shorter period of time. It is worthy of note that if you struggle with cancer, you will not have to come to Birmingham, Alabama, as we will only need you to send our attorneys your employment or military records and your medical records, documents that will be used to support your claim. If you are too ill to participate in the legal process, a family member can step in and help you with the paperwork. The legal process, in this case, will unfold over the phone only. These are the eligibility requirements for cancer patients with a history of asbestos exposure:
- must have been exposed to asbestos on the job, in the military, or by living in the same house as a worker who handled asbestos on a regular basis
- must have a cancer diagnosis that makes you eligible for seeking compensation
- must have received your diagnosis within the last 3 years so that the statute of limitations is not exceeded
Eligibility for local screening
If you developed a benign disease following asbestos exposure, regardless of the circumstances, you will need to come to Birmingham, Alabama for a free of charge asbestos screening, as oftentimes, these diseases are misdiagnosed. Our medical experts will thoroughly examine your lungs for asbestos fibers by using diagnostic tools such as chest X-rays, as well as breathing and blood tests. Therefore, if you have a disease such as asbestosis, pulmonary fibrosis, or lung scarring and live within driving distance of Birmingham, Alabama, please come to our law firm and our medical specialists will examine you. If your diagnosis is on the list of eligible diseases, our attorneys will help you file a claim with asbestos trust funds, if you are a former industrial worker, and also with the VA if you are a veteran. Eventually, you will recover the maximum compensation available. These are the eligibility criteria for local asbestos screening:
- must have a history of occupational, military, or secondary asbestos exposure
- must have a lung disease that is benign and may have been caused by asbestos exposure
- must have received your diagnosis within the last 3 years
Eligibility requirements in wrongful death asbestos exposure cases for family members
It is not uncommon for asbestos exposure victims to fail to pursue a claim for compensation during their lifetime, usually out of fear of a long and complicated process. Nevertheless, if you lost a family member to a disease caused by asbestos exposure, whether occupational or military, please reach out to our attorneys, as they can help you file a wrongful death claim with the companies responsible for their death. The only documents you will need to provide your attorney with are the employment or military records of your deceased loved one, their medical records and their death certificate, which must clearly state that their life was claimed by a disease stemming from asbestos exposure. The following are the eligibility criteria for the family members of a deceased asbestos exposure victim:
- must have a close family member who lost their life to a disease caused by asbestos exposure
- must seek financial compensation within 2 years from the moment of death, as the statute of limitations for wrongful death asbestos exposure cases implies a shorter period of time
Eligibility for secondary asbestos exposure
Secondary asbestos exposure was a frequent occurrence during the last century, as numerous workers who handled the mineral on the job would return home with toxic fibers on their clothes, as employers would not require asbestos workers to wear any protective equipment. By laundering their work clothes, their wives would be exposed to asbestos, whereas their children would inhale and ingest asbestos fibers when greeting their fathers upon coming back home from the job. If you developed a disease you suspect is the result of secondary asbestos exposure, do not hesitate to contact our law firm, as we can help you file a claim to recover financial compensation for your physical and emotional suffering. These are the eligibility requirements for secondary asbestos exposure victims:
- must have lived under the same roof as a worker who would often handle asbestos products on the job
- must have a diagnosis that makes you eligible for seeking compensation
- must have received your diagnosis within the last 3 years
Eligibility in the case of a misdiagnosis
Oftentimes, diseases that are caused by asbestos exposure are misdiagnosed, as they have a low prevalence and medical professionals rarely have the chance to examine victims of asbestos exposure. To make sure you have a correct and accurate diagnosis, you need to seek a second and even a third opinion from different medical specialists. Only after you have the right diagnosis we will be able to help you file a claim to recover the compensation you deserve. However, you should keep in mind that only certain diseases qualify you for filing a claim. People who struggle with cancer as a result of asbestos exposure have immediate eligibility, as their disease is often very serious, even terminal. The following are the eligibility criteria for people who may have been misdiagnosed:
- must have been exposed to asbestos on the job or during military service
- must have a diagnosis that makes you eligible for filing a claim
- must have received your diagnosis within the last 3 years