What Lowers a Claim's Value

When records are thin, it is harder to show which products a person was exposed to. A claim that only says someone worked in construction, without naming job sites or materials, gives trusts and courts little to work with. This is common when exposure happened many decades ago and employers have closed. The good news is that gaps can often be narrowed. Social Security earnings records, union files, military records and coworkers' memories can rebuild much of the picture. The effort takes time, which is another reason to start gathering information as soon as possible after diagnosis.

Every state sets a time limit for filing personal injury and wrongful death lawsuits, and trusts have their own filing rules. When a deadline passes, a lawsuit may no longer be possible, no matter how strong the evidence is. Families sometimes wait because they are focused on treatment or grief, which is completely understandable. But the clock often starts at diagnosis or death, not when the family feels ready. If you are unsure whether time remains, ask for a review right away rather than assuming it is too late or that there is plenty of time.

Some people signed releases years ago, perhaps to settle an earlier claim for a different asbestos-related condition. Depending on the wording, a release may have ended claims against certain companies, including for future illnesses. Others may have given statements that conflict with their current account. Neither situation automatically ends a claim, but both need careful review. Gather any old settlement papers, claim forms or letters you can find, even if they seem unrelated. An attorney can read the actual language and explain what, if anything, it still limits.

1. 1

   Find any old settlement papers, releases or claim forms and keep them for review.

2. 2

   Ask for a deadline check as soon as possible after diagnosis or death.

3. 3

   Request Social Security, union and military records to fill gaps in the work history.

4. 4

   Avoid giving recorded statements to companies or insurers before speaking with your own attorney.