Before filing an asbestos lawsuit, learn the key legal steps, evidence needed, and factors that can impact your compensation and case outcome.
Long-term exposure to asbestos fibres can result in potentially fatal health conditions. If you or a loved one has been diagnosed with an asbestos-related illness, you can file a lawsuit to seek compensation.
That said, filing for asbestos exposure claims can be a challenging journey with loads of moving parts. So, before you begin, consider the following things:
Medical Records
A formal diagnosis of an asbestos-related illness, such as mesothelioma, asbestosis, or lung cancer, is the single most important document for filing an asbestos claim. Your medical records must give a clear view of your symptoms. For instance, the symptoms of mesothelioma include:
- Shortness of breath
- Chest pain
- Persistent, dry cough
- Fever fatigue
- Irregulated heart beat
You will also need relevant medical documentation, such as:
- Pathology reports
- Imaging studies (CT scans or X-rays)
- Doctor’s notes
- Prescriptions
Employment History
In addition to medical records, you need a comprehensive employment history. Until the 1970s, asbestos was widely used in construction, automotive, and shipbuilding industries. You might be exposed to asbestos through a job in construction or even the military.
Don’t worry if it’s been years (or even decades) since the exposure. Asbestos-related illnesses have a super long latency period, which means symptoms show years after the initial exposure. Make a list of all the places you’ve worked, lived, or spent time where asbestos fibres could have been present.
A detailed history directly connecting the source of exposure to your symptoms is necessary for all types of asbestos claims, including personal injury trials and asbestos lawsuit settlements.
Statute of Limitations
The next thing you need to consider before filing an asbestos claim is the statute of limitations. This is the strict legal deadline for filing a personal injury or wrongful death claim.
The statute of limitations varies by state and usually starts from the date of diagnosis or the date of death. The average time limit is 3 years.
A Specific Type of Claim
As hinted earlier, there are numerous ways to get compensated for asbestos exposure. You generally have the following options:
Personal injury lawsuits
These are direct legal claims filed against companies that manufactured, distributed, or used asbestos-containing products. A personal injury lawsuit seeks compensation for medical bills, loss of wages, and emotional suffering. A large number of personal injury claims are settled out of court when both parties agree on a settlement.
Asbestos trust funds
These are set up by companies that are facing numerous lawsuits for manufacturing asbestos products or for causing direct exposure. Asbestos trust funds are established to compensate both current and future victims.
Wrongful death lawsuits
If your loved one has passed away due to an asbestos-related illness, you can file a wrongful death lawsuit. You will get compensated for medical bills, funeral costs, and emotional pain.
Legal Representation
Lastly, ensure you have an experienced asbestos lawyer on your side. A reputable law firm like ELSM Law has years of experience and has earned nearly $5 billion in mesothelioma settlements for its clients.
Your lawyer will also help get your ducks in a row, medical records, employment history, exposure source, and more. They will do the heavy lifting so you can recover.