Esophageal Cancer Due to Asbestos? What Do the Asbestos Trusts Require for Eligibility?
Asbestos exposure can cause various diseases, and esophageal cancer is one of them. If you have developed this condition due to this substance, you are entitled to file a claim with the asbestos trusts and recover money. Here are some basic facts about the trusts and their eligibility criteria.
Firstly, what are asbestos trusts and how do they work?Asbestos trusts were founded because many companies which were liable for asbestos exposure filed bankruptcy. These trusts' purpose is to ensure monetary compensation for victims. People who develop illnesses due to asbestos and decide to file a legal claim against the companies that caused it must meet certain requirements to be compensated by a trust.
How many trusts are there?There are more than 50 trusts all over the country. Millions of dollars are available in these trusts for asbestos victims. If you want to get a fair share of the damage you suffer, you should work with an experienced attorney who can guide you. There are numerous things to pay attention to during the legal process, and a specialist can make sure you don't miss any of them.
How do I know what trust to file with?Your attorney will be able to point out the trust you have to file with according to your particular case and the company or companies that caused your exposure. Sometimes, more companies are at fault for a victim's disease. Therefore, people can file claims with several trusts. There is no limitation in the number of trusts you can file with. If the outcome is favorable, your compensation will come from different sources.
Is there a difference between the trusts' requirement?The answer to this question is yes; there are different requirements you must meet to file your claim with the trusts. If you have developed esophageal cancer, the first thing you are expected to do to file a claim is to prove that asbestos exposure causes the disease. After you have been diagnosed and doctors concluded that the cancer was triggered by this substance you should contact a legal representative immediately. He or she will be able to help you meet the specific demands set by each trust according to their criteria.
How do I know if I'm eligible?Any person who has been diagnosed with an asbestos-related disease is a potential candidate who can take legal action against a culpable company. Frequently, victims are people who suffered long-term exposure on the job. There are several fields like the electrical, insulation, or steel industry where asbestos was massively used for decades. Many workers who have been employed in this domain developed esophageal cancer. Nonetheless, exposure might have occurred in different circumstances as well. For instance, by frequently using products that contain asbestos. Another common type of exposure is what we call second-hand exposure. This usually occurs to close family members living with a person who worked with the substance. The items these people brought home from work, like clothing were the source of asbestos fibers that their family inhaled.
After a preliminary discussion, your attorney will help you understand if you are eligible to file a claim. If the answer is affirmative, the next step is to start gathering the necessary evidence.
What types of evidence do trusts request?First and foremost, to qualify for an asbestos claim, you must be able to prove that at some point during your life, you came into contact with this substance.
There are two main types of proofs people diagnosed with esophageal cancer must be able to provide; exposure and medical evidence.
o exposure evidence
These proofs will correlate your disease with asbestos and thereby, with the company that caused your exposure. In most cases, these documents reflect a victim's past work experience. Social security records including the period when a person worked for the company are required. Work records provided by the company or written statements signed by other parties that stand as proof of employment might also serve.
Documents like affidavits or former co-workers' written testimonies are useful in proving the victim was carrying out works that involved asbestos at a particular place during a given period.
o medical evidence
The most important medical proof is the esophageal cancer diagnosis. The diagnosis has to be provided by a board-certified specialist or an accredited medical institution. Proof of an underlying non-malignant condition can also be required.
Pathology reports, biopsies, chest X-rays, CT scans and other physical examination proof are all part of the medical documentation that should prove the damage caused by asbestos. A statement signed by the specialist who gave the esophageal cancer diagnosis may also be required.
Are esophageal cancer claims usually successful?It's hard to answer this question before looking into the peculiarities of your case. Esophageal cancer, together with laryngeal cancer are usually harder to deal with because the connection between these two diseases and asbestos exposure hasn't been formally acknowledged yet.
The most common factors that cause esophageal cancer are alcohol and tobacco abuse. Asbestos exposure is believed to be an additional factor because it increases the risk of developing the disease by 40%. Cases of massive exposure to asbestos are linked to esophageal cancer.
Though it's harder to prove an esophageal case, skillful attorneys can help you file a successful claim. So, the best thing to do if you have been diagnosed with this type of cancer is to turn to a legal specialist who has experience in this niche.