Our toxic exposure claim process

While filing a claim is often perceived as a daunting and tedious process due to the numerous aspects it involves, you can recover the financial compensation you are entitled to with the help of a specialized attorney. Because of the misconception that filing a claim is a challenging process, many victims of toxic exposure, as well as people injured by defective products, are reluctant to seek the money they deserve for their suffering. Although the process of filing a claim is complex, it will entail minimal involvement on your part, as the majority of aspects will be efficiently taken care of by our skilled legal team. Therefore, you will have time to continue focusing on your health and treatment, as we are aware that most of our clients struggle with awful diseases that take a heavy toll on their quality of life.

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Legal process and steps for toxic exposure claims

With a professional experience of over 25 years, our attorneys have successfully represented thousands of clients throughout the U.S. and are bound to dedicate their time and effort to obtain the compensation you deserve.

To recover financial compensation for your injury, you should know that there are certain eligibility criteria you must meet. The most important is the statute of limitations. If the statute of limitations is exceeded, you are no longer eligible for compensation. For this reason, you should make seeking financial compensation a priority and reach out to our law firm as soon as you receive your diagnosis.

Since 1990, we have dedicated our endeavors to helping victims injured by toxic exposure or by defective products recover the financial compensation they are entitled to from the liable companies.

  • people would be exposed to on the job, such as asbestos and silica dust, which led to many former industrial workers developing terrible diseases decades later.
  • Veterans, another group of people we gladly serve, were also exposed to dozens of toxic agents while on active duty.
  • If you lost a family member who was a former industrial worker or a veteran as a consequence of toxic exposure but who had not filed a claim during their lifetime, you can file a wrongful death claim to recover compensation on their behalf. Similarly, if you are the spouse of a veteran who passed away, you may be eligible for VA benefits. Family members can step in for an exposure victim if they are terminally ill, or do not want to deal with the claim process.
  • Family members suffering from secondary asbestos exposure are also eligible for compensation, as are family members living at contaminated military bases with their spouses and got sick due to the exposure to toxins.

Eligibility requirements for asbestos exposure »

If you were exposed to asbestos on the job or in the military and came to struggle with a related disease such as lung cancer or mesothelioma, you are eligible for compensation from the liable companies, as well as from the VA, if you are a veteran. Our attorneys will file your claim will each and every asbestos trust fund of the companies responsible for your suffering, as well as with the VA so that you can benefit from the maximum sum of money available for your diagnosis. The following are the eligibility requirements for asbestos exposure:

  • you must have a history of occupational or military asbestos exposure
  • you must have been exposed to asbestos for at least 3 years
  • you must have a diagnosis that is the direct result of asbestos exposure
  • you must file your claim within the statute of limitations

If you have a family member who worked with asbestos and you came to struggle with a disease as a consequence of secondary asbestos exposure, you are also eligible for compensation, which our skillful attorneys will help you recover from the responsible companies. The process of filing a claim for secondary exposure is the same as the one concerning people who were directly exposed to asbestos. Lastly, if one of your family members passed away due to a disease caused by occupational or military exposure but they had not filed a claim for compensation, you can file a wrongful death claim to recover compensation on their behalf. The following are the eligibility requirements for wrongful death asbestos claims:

  • your family member must have worked with asbestos products
  • your family member must have died of a disease caused by asbestos exposure
  • you must file your wrongful death claim within the statute of limitations

It is important to know that the medical specialists we collaborate with provide victims of asbestos exposure with free-of-charge screenings. Accordingly, if you were exposed to asbestos on the job or in the military but do not have a precise diagnosis, we encourage you to come to Birmingham, Alabama for a free asbestos screening, during which our medical experts will have you undergo blood tests, chest X-rays and pulmonary function tests to determine if your health was affected by asbestos exposure. If asbestos fibers are found in your lungs, you become eligible for compensation from asbestos trust funds, as well as from the VA, if you are a veteran.

Eligibility requirements for toxic exposure on military bases »

Over recent years, more and more military bases throughout the United States have become heavily contaminated with PFAS, a group of toxic fluorinated chemicals, exposure to which can lead to awful diseases such as prostate cancer, leukemia, and pancreatic cancer. If you were stationed at one of these military bases, either alone or with your family members, and developed a disease as a result of exposure to PFAS, you are entitled to financial compensation. It is important to know that if one of your family members who was stationed with you comes to struggle with a disease as a result of PFAS exposure, they can also file a claim to receive compensation. The following are the eligibility criteria for toxic exposure at military bases:

  • you must have been stationed at a military base contaminated with PFAS
  • you must have spent at least one year at one or multiple contaminated military bases
  • you must have a diagnosis that is the direct result of exposure to PFAS
  • you must file your claim within the statute of limitations

Eligibility requirements for AFFF exposure »

As a very effective fire suppressant, aqueous film-forming foam, also known as AFFF, was invented by the U.S. Navy together with the renowned company 3M in the early 1960s. It is used to extinguish class B fires, such as those that stem from flammable liquids, jet fuel, and petroleum. However, it contains PFAS, a group of toxic and carcinogenic chemicals. As a consequence, firefighters who use this fire suppressant on a regular basis, whether they are civilian or military firefighters, have a high risk of developing a form of cancer, such as pancreatic cancer, leukemia, testicular cancer, or lymphoma. In the regrettable case that you are a firefighter who has been using AFFF and came to struggle with a related disease, you can file a claim to recover the financial compensation you deserve from the responsible companies. The following are the eligibility requirements for AFFF exposure:

  • you must have worked with AFFF either as a civilian or military firefighter
  • you must have a diagnosis that is the direct result of exposure to the PFAS in AFFF
  • you must file your claim within the statute of limitations

Eligibility requirements for 3M Combat Arms earplugs »

Between 2003 and 2015, millions of members of the military were provided with the defective 3M Combat Arms earplugs, whose part that should have been fitted in the ear canal was too short, which failed to offer adequate protection to the wearers. As a result, many of them came to struggle with hearing problems such as tinnitus and partial or complete hearing loss due to the loud noises they were constantly exposed to during active duty. However, if you were also injured by these defective earplugs, you can seek financial compensation from 3M, as well as from the VA, by filing a claim with the help of our attorneys. The eligibility requirements for the defective 3M earplugs are the following:

  • you must have worn the defective 3M Combat Arms earplugs while on active duty
  • you must have developed a hearing problem as a result of using the defective product
  • you must file your claim within the statute of limitations

Eligibility requirements for Zinus mattresses »

Since 2004, the company Zinus has been manufacturing mattresses with fiberglass as a fire retardant, which can greatly endanger the health of the consumers, as the fibers of glass can easily come off the inner layer of the mattress if the outer cover is removed. The company failed to timely warn consumers of the danger of removing the outer cover for washing, which actually has a zipper that indicates to the user that it is alright to remove it. For this reason, if you were injured by the fiberglass in a Zinus mattress, you are entitled to compensation, which our attorneys will help you recover from the manufacturer. There is currently a class-action lawsuit pending against Zinus, which you can join with our assistance. The eligibility criteria for Zinus mattress cases are the following:

  • you must own a Zinus mattress
  • you must have been injured by the fiberglass in the mattress
  • you must file your lawsuit within the statute of limitations

Eligibility requirements for paraquat exposure »

Since 1962, paraquat, a highly toxic herbicide, has been gaining popularity throughout the United States, as it can destroy weeds and grasses that are resistant to glyphosate, another dangerous herbicide sold under the brand name Roundup. People who are frequently exposed to paraquat, most of whom are farmers and agricultural workers, have a 250% higher risk of developing Parkinson’s disease. If one of your family members came to suffer from this brain disorder following paraquat exposure, they are entitled to financial compensation, which we will help you recover on their behalf from the liable manufacturers of the herbicide. These are the eligibility requirements for paraquat exposure:

  • the person must have been exposed to paraquat
  • the person must have a diagnosis of Parkinson’s disease
  • the claim must be filed within the statute of limitations

Eligibility requirements for tobacco claims »

If you are or were a smoker who began engaging in this habit before 1964 as a minor and developed lung cancer, chronic obstructive pulmonary disease, or throat cancer, you are eligible for compensation from the tobacco manufacturers whose cigarettes you have been smoking. We will file a tobacco claim for you with every company whose products you used so that you can recover the maximum financial compensation available for your diagnosis. The sum of money you will receive depends on the severity of your diagnosis, as well as on the number of companies your claim will be filed with. The following are the eligibility requirements for tobacco claims:

  • you must have begun smoking before 1964 as a minor
  • you must have a diagnosis of lung cancer, COPD, or throat cancer
  • you must file your claim within the statute of limitations

Eligibility requirements for defective drugs »

If you developed serious health complications as a result of correctly taking a medication that was prescribed to you by your doctor, you are eligible for compensation. Two drugs that have recently been found to cause severe side effects are Zantac and Uloric. In the regrettable case that you came to suffer from a serious health condition as a result of taking a defective drug, our attorneys will help you file a claim or a lawsuit with the liable manufacturer. The eligibility requirements for defective drugs cases are the following:

  • you must have been correctly taking a defective drug
  • you must have a diagnosis that is the result of taking the drug in question
  • you must file your claim or lawsuit within the statute of limitations

Eligibility requirements for other cases »

Our law firm also handles toxic exposure cases that concern exposure to coke oven emissions, heavy metals, dioxins, and contaminated drinking water. In these cases, we will file a lawsuit or, if your entire community was affected by toxic exposure, a class-action lawsuit. This way, you will receive the financial compensation you are eligible for if your health was affected by toxic exposure. The following are the eligibility requirements for other toxic exposure cases:

  • you or your community must have been exposed to a toxic agent
  • you must have a diagnosis that is the direct result of toxic exposure
  • you must file your lawsuit within the statute of limitations

If you are eligible for compensation, the first step you must follow in order to start the legal process is to contact our law firm. Subsequently, we will ask you to provide our legal team with as many details as you know regarding the circumstances of your injury, as well as regarding your diagnosis. The only documents we will need from you are evidence of toxic exposure or the use of a defective product and proof of related diagnosis, as the rest of the paperwork will be efficiently taken care of by our resourceful legal team.

Your claim must be accompanied by pertinent and solid evidence, which must support the causal relation between your toxic exposure or the use of a defective product and your diagnosis. We will research aspects such as the following:

Given the more than two decades we have been handling toxic exposure cases we have gathered already significant amounts of documentation and proof that can help your claim tremendously.

After we gather sufficient information to include in your claim, as well as enough evidence to accompany it, our legal team will efficiently take care of the necessary paperwork before submitting it. We will also double-check your employment or military records and medical documents to ensure they support the causal relationship between your toxic exposure or use of a defective product and your diagnosis without fault. We will also report to Medicare to obtain a clearance so as it will release the necessary funds to you.

At the end of the preparation phase, we will ask you to sign affidavits documenting your toxic exposure or use of a defective product and your attorney will subsequently submit your claim, along with the documents, to each and every company responsible for your suffering.

Your claim, as well as the documents that must accompany it, are ready for submission and it is filed with the liable companies for most types of toxic exposure and defective products.

In the case of asbestos exposure, there is an exception, your claim will be filed with the asbestos trust funds of the companies whose products you were exposed to on the job, if there is a trust fund established, if there is not, then the with the liable company. We will file your claim with each and every company responsible for your suffering so that you can receive the maximum compensation available for your injury.

If you are also a veteran, your claim will be submitted with the VA as well so that you can benefit from disability compensation and perhaps from other types of compensation the VA offers. It is important to know that filing a toxic exposure claim does not exempt you from filing a VA claim. Veterans are entitled to compensation both from the liable companies and from the VA.

Following claim submission, you will receive the maximum financial compensation you are entitled to within 3 months to one year, depending on factors such as the number of companies your claim was filed with, the claim review type, and the severity of your diagnosis.

Regarding the claim review type, you should know that expedited claim review will result in a preset sum of money, whereas individual claim review will take into consideration various factors in deciding how much money you will receive. Your attorney will decide what the best claim review type is for your particular case by taking into account factors such as your diagnosis, as it is usually cancer patients whose claims will be expedited since they need money as soon as possible to afford their treatment.

However, while you may receive more compensation via individual claim review, this approach takes longer, as the company has to assess the extent of your injury, as well as other essential factors. In contrast, you will receive compensation faster by expedited claim review, but the sum of money may not be as large.

The VA will also pay out compensation to you following claim submission in the form of monthly installments if you are a veteran who was injured by toxic exposure or by a defective product while on active duty.

Misconceptions about filing a claim

Your health should always come first, particularly when you suffer from a serious and terrible disease such as those caused by toxic exposure or by having used a defective product. However, our legal process is simple and easy to navigate, requiring only conversations over the phone and you sending our experts the basic documents via e-mail. We can also work with your family members, who will help our legal experts obtain the medical records we need.

Nevertheless, you should know that the time you have to recover compensation from the liable companies is limited, as there is a statute of limitations for toxic exposure claims and for product liability claims. Therefore, filling your claim within 2 years from the moment you receive your diagnosis is essential, as this is the statute of limitations for the majority of states. If it is exceeded, you are no longer eligible for compensation. When you work with our law firm, you will not have to worry about not having enough time for your medical appointments and treatment, as we will take care of all the legal aspects and documents for you.

While it is true that the process of preparing your claim for submission can take several months to complete, as there are numerous aspects our attorneys need to take care of, our clients generally receive compensation from the responsible companies within one year at most after claim submission. For clients who are in very poor health, we will expedite their claims, which will speed up the process considerably. Accordingly, people whose toxic exposure or product liability claims are expedited will receive their financial compensation within several months.

The vast majority of people who are struggling with diseases stemming from toxic exposure were exposed in the workplace several decades ago. If you were diagnosed with lung conditions but do not exactly know where exposure occurred, we can help you pinpoint the exact circumstances. We already have a lot of documentation and proof about thousands of jobs and we also collaborate with occupational medicine experts, who are able to determine whether your exposure happened on the job and identify the hazardous products you were in contact with.

If you were diagnosed with life-threatening disease as a result of toxic exposure or the use of a defective product, the cost of the legal process should be your least concern. We offer consultations free of charge and work on a contingency fee basis, which means that you do not have to pay anything unless your claim is approved and we recover compensation for you. When we file a claim with the liable companies, the risk of losing money is practically non-existent. Our standard fee is a 40% contingency fee. This means that we only collect the fee when we are able to recover compensation for a client. If we do not obtain anything, our clients do not have to pay anything out of their pocket.

In the case of veterans exposed to toxic agents while serving in the military on active duty, it is not the government who will be held responsible if the injured person decides to file a claim. Instead, the companies that manufactured or sold the hazardous products will be held liable for your diagnosis. Veterans also have the option to seek additional financial compensation and other benefits for themselves and their families from the U.S. Department of Veterans Affairs. By filing a VA claim after filing one for toxic exposure with the responsible companies, veterans can obtain additional monthly compensation, healthcare benefits, disability compensation, as well as dependency and indemnity compensation.

Filing claims might seem a simple and easy to navigate process, but it actually requires specialized knowledge, extensive experience with the legal system, as well as a lot of careful research. Therefore, only a lawyer who handles exclusively toxic exposure and product liability cases – preferably with several years of experience – will be able to provide you with the assistance you need. Regardless of how complex your situation is, we have competent, well-versed attorneys and a legal team who will know how to attend to any unforeseen issue and speed up the claim process so that you and your family can receive the money you deserve.