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Asbestosis Claims: 2 Things you need to know before filing a Lawsuit.

Asbestosis Claims | Spiro K Pistiolas Workers' Comp Attorney

Breathing in Asbestos fiber can cause Asbestosis. Asbestosis is an incurable lung disease caused by inhaling asbestos fibers, tiny mineral particles that occur naturally in rocks and soil. When present in air asbestos fibers become easily inhaled and can cause health problems as they collect into the lungs. Asbestosis related diseases could take 10-50 years to develop after exposure.

Asbestosis has been linked to occupational lung cancer, mesothelioma (a cancer of the chest or abdomen lining), and other related cancers, such as laryngeal and ovarian. This condition can be fatal, but there is always hope for being diagnosed and treated early enough.

Some people with Asbestosis never develop symptoms, but others experience difficulty breathing, chest pain, and digestive problems. Asbestosis may also contribute to developing a scarring condition known as pleural thickening.

Asbestos exposure is the leading cause of mesothelioma, rare cancer that affects the lining of the lungs, abdomen, and heart. Asbestos was used in construction materials for many years as an inexpensive flame retardant. Asbestos exposure can result from working in an environment with asbestos-containing materials or from being exposed to asbestos-containing dust.

If your healthcare provider has diagnosed you with this disease, you may be compensated through a personal injury lawsuit or a workers’ compensation lawsuit.

A recent report shows that the number of claims for Asbestosis in the US has increased by 40 percent since 2002. (The number is expected to continue growing.) The report attributes these numbers to an aging population living longer and developing this disease. About 1.3 million people in the US are currently living with Asbestosis. Due to the long latency period and lack of symptoms, many people affected don’t even know they have the disease.

2 Things you need to know before filing an Asbestosis Claim

Individuals exposed to asbestos in their workplace who have developed lung problems as a result make asbestosis claims. Asbestosis claims are worth a lot of money, and it’s important to have a full understanding of how they work so you can get the compensation you deserve. Below are three things that you should know before filing an Asbestos Occupational claim.

  • Statute of Limitations

In the United States, there is a time limit for filing an asbestosis claim against asbestos companies. In California, plaintiffs have five years from the date of diagnosis to file a suit. In other states, the laws are similar and provide similar deadlines for filing lawsuits over mesothelioma and Asbestosis.

The time limit for filing an asbestos lawsuit is called the “statute of limitations,” It exists because it prevents stale claims from being filed, which would be more difficult to prove.

  • The burden of proof falls on the Plaintiff

In the US, 60% of the companies sued for asbestos-related injuries have gone bankrupt, with little or no compensation for victims. There are many reasons why these victims have not received compensation – one being the difficulty in proving that their illness was caused by exposure to asbestos.

If you seek compensation because you have been exposed to asbestos, there are two ways to prove your claim:

  • You can prove that you had a latency period that was greater than 15 years
  • You can prove that you were exposed to asbestos in the following settings

Your place of work was an employee at a worksite where :

  • You had to perform operations with materials containing asbestos,
  • The materials containing asbestos were present in large quantities

Providing proof for Asbestos Exposure can be daunting. The process only gets more and more complex as the claim proceeds. Hence, the legal proceedings should be left to the lawyers. It is best to hire an Experienced Asbestos Claim Attorney to represent you in your claim.

Many people lose claims for Asbestosis because they didn’t follow the proper procedure when filing their claim. When you start your journey of proving an Asbestosis claim, it’s important to gather evidence to support your case. Just because you have a medical history and are diagnosed with Asbestosis doesn’t mean you will automatically win your case. We at Pistiolas Law can help you prove your case by providing you with all the necessary information.

Call (844) 414-1768 to book a free evaluation.

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