What Do You Need in Order to File a Claim for Asbestos Exposure?
If you’re suffering from an asbestos-related disease, you should seek legal assistance. It’s your right to file a claim against the company that negligently exposed you to this carcinogenic mineral. Find out more about the legal process and what you need for filing a claim.
An Experienced LawyerIf you want to enhance your chances of having a successful claim, the first thing you should do is to look for a lawyer. The legal field comprises numerous areas, so your legal advisor has to specialize in the niche that interests you. Someone with a solid background in asbestos litigation can streamline your legal process and ask minimum effort on your behalf. This person will make sure that all your documentation is submitted in a timely manner and you're updated on every step of the case. In addition, when it comes to negotiating your compensation, they'll surely strive to get the maximum amount.
Take into account all these undeniable advantages before filing your claim. The law allows you to proceed independently as well, but this decision could drastically reduce your chances of getting a favorable outcome.
Pertinent Medical RecordsHaving the right lawyer on your side is a tremendous advantage, but no claim can turn into a successful settlement unless you have sufficient evidence. The primary condition you must meet in order to bring an asbestos claim is being diagnosed with a relevant condition. This carcinogenic mineral is responsible for diseases such as mesothelioma, asbestos, pleural plaques and different types of cancer. Your compensation will depend on the disease you've been diagnosed with and how severe it is.
A formal diagnosis released by a certified practitioner is the basis on which your claim is built. This proof describes your condition and confirms that asbestos exposure has caused it. Other medical records that are required during the legal process include your medical examination results; x-rays, CT scans, biopsies, B-reader tests.
If you haven't been diagnosed yet, it's important to get tested for asbestos if you believe you've been subject to exposure. Legally, you are allowed to bring a claim within maximum three years from the date of diagnosis, though some states stipulate as little as one year.
Work-Related EvidenceThe second set of proofs that support your claim's validity contains exposure-related records. Together with your lawyer, you have to establish which company or companies are culpable for exposing you to asbestos and consequently, for your disease. Afterward, you'll proceed by gathering the necessary documents that demonstrate you've worked in an environment that contained this dangerous mineral.
Employment records that state your occupation, employment period and the locations where you worked are essential. You must also provide a detailed description of the activities you performed during your employment. This report should mention any machinery or product that might have posed exposure risks. Your former co-workers can help by providing testimonies which confirm that asbestos was present in your workplace.
Fortitude and PatienceFinally, it's important to have the right mindset that won't turn the legal process into a psychological burden. You must understand right from the beginning that your claim might not be successful. So, you need to be ready to accept any verdict. Moreover, it's necessary to arm yourself with patience because asbestos claims, like any other personal injury cases, take some time. Often, claimants must wait several months before they start recovering their money, but it might take more than a year to do so. Also, if your claim is not settled and it goes to court for a trial, the period could extend to several years.