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How to File a Lawsuit Against an Asbestos Company

Top mesothelioma lawyers have handled cases in a variety of areas. Those with nationwide law firm resources are the best to research and determine which asbestos-related companies are responsible for the exposure of each patient.

Victims who contact a mesothelioma lawyer can receive compensation for medical expenses, lost earnings and other damages from asbestos defendants. However, getting this compensation could take a long time.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral that was once commonly employed in the construction and manufacturing of products. It is durable and affordable, and is fire-proof and heat-resistant. Due to its many desirable attributes, asbestos was frequently employed in commercial and industrial settings until the early 1970s, when it was banned. In the years that followed, thousands of people suffered from serious health issues such as mesothelioma, asbestosis, lung cancer and other ailments caused by exposure to this dangerous substance.

When medical researchers began to recognize the health risks of asbestos many of the workers who suffered from these health issues filed lawsuits against the companies they believed exposed them to the harmful asbestos. These claims went on to become a huge legal dispute that has led to the closure of numerous companies in debt and led to the creation of asbestos trust funds to pay victims.

In the past, asbestos litigation was handled differently than the typical personal injury case. It involved large numbers of plaintiffs, numerous defendants, long discovery periods and the recourse to expert witnesses. Because of the complex nature of this type of lawsuit, it is imperative to choose a mesothelioma attorney who is knowledgeable of the complexities of asbestos law and is able to better manage these cases.

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 day in the history of asbestos lawsuits. This decision ruled that asbestos lawyer manufacturers were liable for injuries to workers who developed asbestos-related illnesses, such as mesothelioma, if they did not inform their employees about the dangers associated with their products.

Following this ruling, a flood of asbestos-related claims poured into the courts. The majority of these claims were based on the idea that employers knew the asbestos they offered their employees was dangerous, but they did not warn them about the dangers. Lawyers who dealt with asbestos cases would typically solicit clients, group them together, and file them in bulk, creating a legal storm that could oblige defendants to settle.

The Statute of Limitations

Most personal injury cases have a statute of limitations that is a time-line that starts running when an injury occurs and continues until the claimant decides to file a lawsuit. For asbestos-related claims the statute of limitation is a bit more complex than for other kinds of cases. This is because asbestos-related illnesses generally develop over a long time period, with symptoms and diagnosis appearing years after the initial exposure to the toxic substance. In this way, the "clock" in these instances is usually not set until it is clear that asbestos exposure led to an injury, which is different from the majority of personal injuries.

This timeframe is one of the main reasons asbestos litigation is different from other personal injury lawsuits. You must act quickly to file a mesothelioma claim or other asbestos-related claims. If you wait too long, you may not be able to take advantage of a statute of limitations exception or exemption, and you could miss out on compensation.

The time limit to file an asbestos-related lawsuit is based on a number of factors, including where you lived and where you first exposed. Based on the factors, your lawyer may choose to make the claim in the state that you were exposed to asbestos the most. This could lead to confusion over the statute of limitations, because defendants might claim that the law of the other state should apply.

Before beginning the legal process, it is crucial that the victim and their family members are aware of the laws of every state. The applicable statute of limitations can be a bit confusing, particularly in cases where the victim and family members have lived in more than one location or even moved from state state.

A mesothelioma attorney can help you determine if an exception to the statute of limitation or exemption is appropriate and when the deadline for filing a lawsuit against asbestos in your case is. Your lawyer will gather any evidence available against the parties at fault and file your suit with the appropriate county court before the statute of limitations expires.

Asbestos Trusts

Asbestos victims have two options to seek compensation: lawsuits and asbestos trusts. The lawsuit is a means for people to seek justice in the event that they have mesothelioma, or any other asbestos-related diseases caused by negligent businesses. Trust funds however can be used for seeking financial compensation from bankrupt asbestos companies that have gone out of business due to asbestos-related liabilities. These companies created trusts to conceal their assets and limit their liability for mesothelioma suits. But, the courts obliged the companies to establish these trusts to ensure that victims be compensated in monetary terms.

Although it is possible to make a mesothelioma-related lawsuit and also seek compensation from an asbestos trust, victims should understand that this can be a time-consuming process. It is essential for mesothelioma patients to work with an experienced asbestos attorney, who can help gather the necessary documentation and evidence to complete both procedures. This includes providing work and medical records dating back several decades. This is a daunting task, but your lawyer will know where to search and how to obtain it.

Depending on the trust, there are different procedures for reviewing and settling claims. Some asbestos trusts, for instance, offer an expedited review that settles mesothelioma claim faster with an amount that is set for payout. Others have a review for each individual that is conducted on a case by case basis and can result in higher payouts. However, some asbestos trusts are in a separate class called "extraordinary claims," which may combine elements from both kinds of reviews.

The evidence of asbestos' presence in the workplace is required to receive compensation from an asbestos trust. This can be proven by medical documents, such as imaging scans and pathology or doctor's statements. The patient must be able to prove that asbestos exposure caused their illness. This can be proven by submitting documentation like employment records, invoices, witness affidavits and other evidence. Once the evidence is obtained your mesothelioma lawyer is able to send it to the asbestos lawyer trust in accordance with their protocols.

Medical Experts

Medical experts are essential in establishing the link between asbestos exposure and plaintiff's illness. These experts review medical records and may also perform physical examinations. In addition they are often required to examine x-rays and pathology reports. They must be licensed doctors with experience or knowledge in their field of expertise.

Because the symptoms of asbestos diseases can be similar to those of other conditions, such as heart disease or emphysema, it can be difficult to determine the cause. For instance your pulmonologist may be able to tell you that your shortness of breath is related to your asbestos condition but it is not clear the reason. Expert witnesses are needed because asbestos cases are complex.

For example, a physician who has received specialized training in the field of toxicology is able to help establish the connection between asbestos and certain illnesses. Toxicology is the study of chemicals and their adverse impacts on living organisms. Another instance of an important asbestos expert is an epidemiologist, who studies the spread of diseases within specific populations. An epidemiologist's educational and clinical background can be used to establish a link between asbestos exposure and certain diseases.

Other asbestos experts include occupational health and safety experts, who can help determine a plaintiff's asbestos attorneys exposure. This can be done by conducting interviews with coworkers and family members, as well as analyzing documentation from the workplace, including invoices, work orders, delivery documents and supplier lists, and testing samples from a plaintiff's work and home sites. It is also possible to identify the type of asbestos like amosite, crocidolite, or chrysotile by examining samples from a work environment and analysing the chemical composition of the fibers.

Experts are costly and could account for a large portion of the overall costs of a lawsuit. Without the expertise of these experts it could be extremely difficult to win a case against asbestos defendants. If the case is unsuccessful the victim could be denied a substantial amount of compensation. In the end, hiring a professional is usually a wise investment.