The Preliminary Step: Am I Eligible for Compensation?
If you suffer from a disease which occurred as a result of occupational asbestos exposure, chances are you can seek financial compensation from asbestos trust funds. Nevertheless, there are multiple factors which may disqualify you at play, such as the duration of exposure or your diagnosis, so the only certain way to find out whether you are eligible for filing a claim is to contact us.
This is actually the first step of the process. After assessing the circumstances of your asbestos exposure and the specifics of your current diagnosis, our lawyers will promptly let you know if you have a case.
In the event that you do qualify for compensation, we will explain to you how the process is most likely going to unfold for your particular situation, since every case is unique. Transparency is one of the aspects we value above all in relationship with our potential clients. Please feel free to ask any questions and express any concerns you might have with regard to the legal process. We will gladly provide you with the information you are seeking without falsely raising your expectations.
While the eligibility criteria can vary considerably, depending on the particularities of each case, the requirements asbestos victims usually have to meet in order to recover financial compensation from asbestos trust funds are the following:
- Significant occupational asbestos exposure. You must have been exposed to asbestos at your former workplace for a total time of at least 5 years. Additionally, some asbestos trust funds provide that you also underwent asbestos exposure for at least one day prior to a certain year (usually 1983).
- A formal diagnosis of a disease which is the direct result of asbestos exposure. There are several illnesses asbestos trust funds pay out compensation for, the most known being lung cancer, asbestosis, and mesothelioma. It is worthy of note that they have another requirement in this respect: your disease must have had a latency period of at least 10 years. In other words, if you became ill within less than 10 years from your first asbestos exposure, you do not qualify for filing a claim.
- Statute of limitations. Unfortunately, the time you have to seek compensation is limited. Cases involving asbestos exposure fall into the category of personal injury cases, which means they also have a statute of limitations. Although filing a claim with asbestos trust funds is different than filing a lawsuit, the statute of limitations still applies. The statute of limitations for asbestos cases ranges between 1 and 6 years from the moment you receive your asbestos-related diagnosis. It is distinct for each state. However, which statute of limitations applies to your case may not depend on where you live – sometimes, it is the statute of limitations effective in the state where your former employer was located. It is critical to submit your asbestos claim before this period of time elapses, otherwise it will not be taken into account and you will lose your right to compensation.
Nevertheless, if you suffer from a disease as a consequence of workplace asbestos exposure but do not meet the requirements above, contacting our lawyers is still worth a try. Since every case of occupational asbestos exposure is different, there might be a key aspect to your situation which could make you eligible for financial compensation nonetheless.
Finally, if you decide you would like Environmental Litigation Group, P.C. to assist you with filing a claim, the next step is setting up a consultation with one of our lawyers and their legal team. This is necessary to sort out the essential aspects, as well as the logistics of your case. Before we start working on your asbestos claim, you will need to provide your attorney with only two types of documents:
- employment records (as evidence of your working for the company whose asbestos trust fund we file your claim with)
- medical documents (as proof of your illness and how it relates to occupational asbestos exposure)
While your involvement is crucial for a favorable outcome, you should not be concerned about having to invest countless hours in the legal process. We will efficiently handle the better part of it so that you can dedicate your time to more important aspects, such as your health.