How to File a Lawsuit Against an Asbestos Company

Top mesothelioma lawyers handled cases in many different jurisdictions. Those with national law firm resources are best suited to investigate and determine which asbestos companies are accountable for each patient's exposure.

Victims who contact mesothelioma lawyers may receive compensation for medical expenses, lost earnings, and other damages incurred by asbestos defendants. However, getting this compensation may take years.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral, was once widely utilized in the manufacturing and construction of products. It is inexpensive and durable as well as resistant to heat and fire. asbestos lawsuits was widely used for its numerous desirable properties in industrial and commercial settings until the early 1970s, when it was finally prohibited. In the years that followed, thousands of people suffered from serious health problems like mesothelioma, lung cancer, asbestosis and other diseases caused by exposure to the dangerous substance.

As soon as medical researchers recognized the health risks associated with asbestos, many workers who suffered from health issues resulting from asbestos filed lawsuits against the companies they believed exposed them to asbestos. These claims led to a massive legal battle that led to numerous companies going into bankruptcy. Asbestos trust funds were established to compensate victims.

In the past asbestos litigation was handled a bit differently than a typical personal injury case. It involved large groups, numerous defendants, and lengthy discovery. Expert witnesses were also employed. It is important to hire mesothelioma lawyers who can handle these cases because of the complexity of the lawsuit.

On September 10 1973 the United States Court of Appeals of the Fifth Circuit released its decision in Borel v. Fibreboard Paper Products Corporation. This was a significant event in the history of asbestos lawsuits. The ruling said that asbestos producers were accountable if their employees developed asbestos-related diseases, such as mesothelioma.

Following the ruling, a flood of asbestos-related lawsuits poured into the courts. The majority of these claims were based upon the assumption that employers were aware that the asbestos they provided to their employees was hazardous and failed to warn them of these risks. Lawyers who handled these cases frequently approached clients, organized them into groups and filed them in bulk in order to create an unintended legal tsunami that would force defendants to settle for compensation.

The Statute of Limitations

The majority of personal injury cases have a statute of limitations, which is a timeline that begins running when an injury occurs and continues until the claimant is able to file a lawsuit. For asbestos claims the statute of limitations is a bit more complex than for other kinds of cases. This is because asbestos-related diseases generally develop over time with symptoms and diagnoses appearing years after exposure to the toxic substances. In other words, the "clock" in these instances often doesn't start until it becomes obvious that asbestos exposure caused an injury, which is distinct from the majority of personal injuries.

This is one of the primary reasons asbestos litigation is different from other personal injury lawsuits. To file a mesothelioma lawsuit or any other asbestos-related claim, you must act swiftly. You may not be able take advantage of an exemption or exception to the time limit if you delay too long.

The time frame for filing an asbestos-related claim depends on many factors such as the state in which you were exposed as well as where you currently live. Depending on the variables your lawyer might decide to file your claim in the state that you were exposed to asbestos most. This could lead to confusion about the statute of limitations, since defendants may argue that the law in the other state should apply.

Before launching the legal process, it is essential that the victims and their family members understand the laws of each state. The applicable statute of limitations can be confusing, especially in cases where the victim and family members have been in multiple places or even moved from state state.

An experienced mesothelioma lawyer can help you determine whether a statute of limitations exception or exemption applies and when the correct deadline is for filing an asbestos lawsuit in your specific case. Your lawyer will collect all evidence against the parties responsible and file your lawsuit in the correct county court prior to the statute of limitations expiring.

Asbestos Trusts

Asbestos victims have two options for compensation: lawsuits and asbestos trusts. The lawsuit is a means for individuals to seek justice if they suffer from mesothelioma or any other asbestos-related disease caused by negligent businesses. Trust funds, on the other hand are a method of seeking financial compensation from bankrupt asbestos businesses that went out of business due to their asbestos attorneys-related debts. The companies that created these trusts essentially tried to hide their assets by filing for bankruptcy to limit their liability in mesothelioma lawsuits. But, the courts obliged the companies to establish these trusts to ensure that victims could receive monetary compensation.

It is possible to file both mesothelioma lawsuits and seek compensation from an Asbestos Trust but patients must be aware that this procedure will take a considerable amount of time. Patients suffering from mesothelioma should consult with an asbestos lawyer who has the expertise to gather all the evidence and documentation required to complete both processes. This includes providing work and medical records dating to several decades. This can be a daunting task but your lawyer will know what to look for and how to obtain it from various sources.

Depending on the asbestos trust, there are various procedures for reviewing and settling claims. Some asbestos trusts, for example, have an expedited review which resolves mesothelioma claims quicker and has a set payout amount. Other trusts have an individual review that is conducted on a case-by-case basis and can result in higher payout amounts. Other asbestos trusts have an "extraordinary claim" category that allows for the combination of elements from both types of reviews.

The primary requirement for obtaining compensation from an asbestos trust is proof that the victim was exposed to asbestos at the work environment of the debtor company. This can be proven through medical documents, like pathology and imaging scans or doctor's statements. The patient should also provide proof that exposure to asbestos caused their illness. This can be demonstrated through documentation, such as invoices, employment records, witness affidavits and other evidence. After the evidence has been gathered by your mesothelioma attorney and they are able to submit it according to the asbestos trust's guidelines.

Medical Experts

Medical experts are essential in establishing a link between asbestos exposure and the plaintiff's disease. They review medical records and may perform physical examinations. Additionally they are often required to look at x-rays or pathology reports. They must be licensed physicians with a solid understanding of, or experience in their fields of expertise.

Because asbestos-related symptoms can mimic those of many other diseases, including heart disease or emphysema it can be difficult to determine the causation. For example your pulmonologist may be able to tell you that your shortness of breath is related to your asbestos lawyers condition but is not able to explain what the reason. Expert witnesses are required because asbestos cases are complicated.

A doctor with specialized training in toxicology can help establish a link between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful effects on living organisms. An epidemiologist is a specialist in asbestos who examines the impact and spread of specific diseases on populations. An epidemiologist's academic and clinical background can be used to establish a link between exposure to asbestos and specific illnesses.

Other asbestos experts include occupational and environmental health and safety experts who can help determine the nature and extent of a person's exposure to asbestos. This can be done through interviews with coworkers and family members, analyzing workplace documentation such as invoices, work orders and delivery documents and supplier lists and analyzing samples from plaintiff's work and home sites. It is also possible to identify the kind of asbestos like amosite, the crocidolite or chrysotile by examining samples from a workplace and by looking at the chemical composition of the fibers.

Experts are costly and could account for a large portion of the total costs of an action. However, without the expertise of these experts they would be incredibly difficult to win a case against an asbestos defendant. If the case is unsuccessful, the victim may be deprived of substantial compensation. Hiring these professionals is often an investment worth it.