How to File an Asbestos Exposure Claim: Step-by-Step Guide from Hiatt Law Group

If you or a loved one has been affected by asbestos exposure, navigating the path to compensation can be daunting. At Hiatt Law Group, we simplify this process with a clear, step-by-step approach designed to secure the settlement you deserve. From your initial free consultation to the final receipt of your compensation, our expert team is here to guide you through every stage with precision and care. Here are the six key steps we follow to ensure you understand how to file an asbestos claim and ensure your case is handled effectively and efficiently:

Step 1: Initial Free Consultation

The first step in making an asbestos claim starts with a free consultation call with our intake team. During this call, be ready to discuss your work and medical history. This information helps us determine if you have a viable case that meets the criteria for an asbestos trust fund claim.

Step 2: Legal Review

Once we have your initial details, our legal experts will examine your case to identify the asbestos-containing products you used or were exposed to with the companies being sued. This step is crucial in establishing a connection between your exposure and the responsible company.

Step 3: Medical Records and Tests

For non-malignant cases:

Approved cases move to the next level – ordering your medical records. Trusts require a pulmonary function test and a chest x-ray, both reviewed by a medical professional. If you haven't done these tests, it’s essential to arrange them with your healthcare provider as soon as possible. Alternatively, if we see a significant demand (50+ people), Hiatt Law Group can organize a community event screening in your area. If we cannot access your medical records, the case will be put on hold until they are obtained.

For cancer cases:

This step involves obtaining essential documents such as the pathology report from your cancer diagnosis and chest x-ray slides, which must be reviewed by an expert pulmonologist. This process can be time-consuming, potentially taking up to 90 days, as we wait for your medical provider to fulfill the request.

To expedite your case, you can help by directly obtaining the pathology report and x-ray slides from your healthcare provider. Having these documents ready can significantly speed up the process toward filing. If these medical records cannot be accessed, your case will unfortunately be put on hold until they are obtained.

Step 4: Expert Report & Filing the Claim

Upon collecting all necessary medical documentation and confirming eligibility, we send your medical and exposure information to our asbestos medical expert to prepare a report that identifies your asbestos exposure as a cause of your diagnosis/injury. Once we receive this report, our staff files your case against the bankruptcy trusts set up for each of the companies we identified in step 2.  Typically, we file a client's case against 10 to 25 different companies.

Step 5: Trust Review

Once your case is filed with each bankruptcy trust, each trust will review your case to see if it meets the legal criteria for a settlement offer. Bankruptcy trusts review claims in "FIFO" queue (first in, first out) and the waiting time to have your case reviewed varies by bankruptcy trust; some take a few months and others can take over a year. Our team will keep you updated on all developments and will assist in providing any additional documentation required.

Step 6: Liquidation and Payment

Once your case is approved by a bankruptcy trust, we are sent a Settlement Offer for your case. Settlement Offer values are based on your injury and are set by the bankruptcy court - they are non-negotiable. We will mail this Settlement Offer to you to sign, and then submit the signed Settlement Offer to the Bankruptcy Trust to accept your offer. The bankruptcy trust will review and accept the signed Settlement Offer and then put your case in line for payment. Bankruptcy trust payments are made monthly, so typically our clients receive their funds within 60 days of signing the Settlement Offer.  Once we receive your payment, we send you notice of the payment along with a breakdown of the fees and any expenses and then mail your check to you as soon as is possible. 

Why Choose Hiatt Law Group

Choosing Hiatt Law Group for your asbestos exposure claim ensures that you are partnering with a team that genuinely cares. With our deep experience in successfully managing claims with asbestos bankruptcy trusts, we are dedicated to securing the justice and compensation our clients rightfully deserve. Our team approaches each case with focused expertise, empathy, and sensitivity, understanding the delicate nature of these moments in your life. Trust Hiatt Law Group to guide you through each step of the process with commitment and personal attention, ensuring the best possible outcomes during this challenging time. Let us help you move forward. 662-636-6291.