How to File a Lawsuit Against an Asbestos Company

Top mesothelioma lawyers dealt with cases in numerous areas. Lawyers with national law firm resources are the best to research 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 from asbestos defendants. This compensation can take many years to obtain.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral that was previously used in building and manufacturing products. This material is cheap and sturdy, as well as resistant to heat and fire. Due to its numerous desirable attributes, Secondary asbestos Exposure cases was frequently used in industrial and commercial settings until the early 1970s when it was finally banned. Thousands of people were affected by serious health complications, such as mesothelioma and lung cancer.

As soon as medical scientists began to realize asbestos's health risks many of the workers who suffered from the health issues complained against the companies that they believed exposed them asbestos, which is harmful to health. The claims grew to become a major legal battle that has left 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 a typical personal injury case. It involved large groups, multiple defendants and lengthy discovery. Expert witnesses were also used. Because of the complex nature of this type of lawsuit, it is essential to hire a mesothelioma attorney who is knowledgeable of the complexities of asbestos law and is able to better deal with 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 moment in the history of asbestos lawsuits. This decision ruled that asbestos producers were responsible for injuries sustained by employees who contracted asbestos-related illnesses, such as mesothelioma, in the event that they failed to warn their employees of the dangers associated with their products.

After this ruling, asbestos-related lawsuits began flooding the courts. The majority of these claims for asbestos exposure were based on the assumption that employers knew that the asbestos they provided to their workers was dangerous and did not warn them of the risks. Lawyers who handled these cases typically approached clients, organized them into groups and filed them in a mass order to create an unintended legal tsunami that would oblige defendants to pay compensation.

The Statute of Limitations

Most personal injury cases have a statute of limitations, which is a timeline that begins to run after an injury is sustained and runs until a claimant is able to file an action. The time limit for asbestos-related claims is more complicated than most other kinds. This is because asbestos-related illnesses tend to develop over time, with symptoms and diagnoses occurring years after exposure to the toxic material. In this way the "clock" in these cases usually doesn't begin until it is clear that asbestos exposure caused an injury, which is different from most other kinds of personal injuries.

This complicated timeline is a large reason why asbestos litigation is different from most other personal injury lawsuits. You must act quickly to file a mesothelioma lawsuit or other asbestos-related claims. If you wait too long, you could no longer be able to benefit from a statute of limitations exception or exemption, and you could not receive compensation.

The time frame for filing an asbestos-related case is based on a variety of factors such as the state in which you were exposed and Secondary Asbestos Exposure Cases the state in which you currently live. Depending on these variables, your attorney might choose to file a claim in the state where the majority of your exposure occurred. This could cause confusion regarding the statute of limitations since defendants might claim that the laws of the other state should be interpreted.

Before launching the legal process, it is important that victims and their family members understand the laws in each state. Particularly if the victim or family members worked in multiple states or even relocated between states, the statute of limitations can be difficult to understand.

A knowledgeable mesothelioma lawyer will assist you in determining if a statute of limitations exception or exemption applies and when the correct deadline for filing an asbestos lawsuit in your particular case. Your lawyer will collect all evidence against the parties responsible and file your lawsuit in the proper county court prior to the expiration date of the statute of limitations.

Asbestos Trusts

Asbestos victims have the option of choosing between two options for compensation either through asbestos trusts or lawsuits. Legal suits allow victims to pursue justice for mesothelioma or any other asbestos-related illness caused by negligent companies. Trust funds are, however can be used for seeking financial compensation from bankrupt asbestos companies that have gone out of business due to their asbestos-related debts. The companies that established these trusts essentially tried to hide their assets by filing for bankruptcy in order to limit their liability in mesothelioma lawsuits. But, the courts obliged the companies to set up trusts to ensure that victims be compensated in monetary terms.

Although it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, those who suffer must be aware that this could be a time-consuming procedure. Patients with mesothelioma must work with an asbestos attorney who has the experience to gather all of the documentation and evidence needed to complete both procedures. This includes providing work and medical records dating back decades. This can be a difficult task, but your attorney will know where to look and how to obtain it.

Based on the asbestos trust you're working with, there could be different ways of settlement and reviewing claims. For instance, certain asbestos trusts have an expedited review process that settles mesothelioma claims faster with a fixed amount of payout. Other trusts have an individual review process that is conducted on a case by case basis, and may result in larger payouts. Other asbestos trusts have an "extraordinary claim" category that may combine elements from both types of reviews.

The main requirement suing for asbestos exposure receiving compensation from an military asbestos exposure trust is evidence that the victim was exposed to asbestos at the work environment of the company that is in debt. This can be proved through medical records, such as pathology and imaging scans or doctor's statements. The victim must also prove that exposure to asbestos triggered their illness. This can be proved through documentation such as employment records, invoices, witness affidavits and other evidence. After the evidence has been taken by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it according to the asbestos trust's guidelines.

Medical Experts

Medical experts are essential in establishing the connection between asbestos exposure and the plaintiff's illness. They can also conduct physical examinations as well as review medical records. They may also be asked to examine x-rays and pathology reports. They must be licensed doctors with experience or secondary asbestos exposure cases knowledge in their area of expertise.

Because the symptoms of asbestos diseases can be similar to those of other diseases, including heart disease or emphysema it can be difficult to determine the cause. Your pulmonologist may be able explain that your inability to breath is due to the asbestos condition, but they cannot explain why. Expert witnesses are required because asbestos cases are complicated.

For instance, a doctor who has received specialized training in the field of toxicology is capable of establishing the connection between asbestos and certain illnesses. Toxicology is the study of chemicals, their effects on living organisms and their toxicological properties. Another example of an important asbestos expert is an epidemiologist who examines the spread of diseases in specific populations. An epidemiologist's educational 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 assist in determining the nature and extent of a plaintiff's exposure to asbestos. This can be done by conducting interviews with coworkers and family members, and analyzing documents from the workplace, including work orders, invoices, delivery documents and supplier lists, and testing samples from a plaintiff's workplace and home. By analyzing samples taken from the workplace and studying the chemical composition of fibers, it is possible to distinguish asbestos types like amosite or chrysotile.

Experts can be costly and may account for a significant portion of the overall cost for a lawsuit. Without the experience of these experts, it would be very difficult to win a case against an asbestos defendant. Moreover, if the case was unsuccessful, the victim may miss out on substantial compensation. The hiring of these professionals is typically a wise investment.