How to File an Asbestos Lawsuit

A lawsuit can be filed against any party whose asbestos products caused harm. After many years of litigation in the asbestos industry, a number of businesses have declared bankruptcy and set up asbestos bankruptcy trustees.

Top mesothelioma law firms have the resources to identify all the parties who are liable and determine the best place to file a case. This affects the amount of compensation paid.

Determine the Sources of Exposure

Everyone is exposed to low levels of asbestos in their environment on a daily basis, and most don't develop health issues. People who suffer from asbestos-related diseases such as mesothelioma, or asbestosis, are typically exposed to asbestos on a regular basis at work or home. The most common exposure for occupational workers is working with asbestos-containing products regularly. This includes workers from all kinds of industries, such as mining, construction, and manufacturing.

The long latency period for asbestos-related diseases such as mesothelioma mean that researchers often have to rely on historical information to determine the likelihood of an exposure, as there is seldom any direct evidence of asbestos exposure in the majority of instances. This can be problematic. Research has revealed that asbestos causes lung damage and diseases however, it could take years before symptoms show up. This makes it difficult to evaluate occupational exposure in the past.

Fortunately, new technologies are helping researchers to identify more sources of exposure. For example, medical experts can now evaluate the symptoms of individuals with people who have similar mesothelioma symptoms, and are on an asbestos database in the United States. This can aid scientists in pinpoint the companies that may be responsible for asbestos exposures.

A mesothelioma lawyer can provide more information to people who have been diagnosed with asbestos-related disease. They may also discover which companies they were exposed to either at work or home. An asbestos lawyer with a high rating will also help the victim understand the potential worth of their mesothelioma claims.

A good mesothelioma attorney will be able to identify all asbestos companies that are responsible and file a lawsuit in a place that is favorable to the client. They can also help with getting medical care and asbestos treatment.

Anyone suffering from an asbestos-related condition should never accept a low settlement. An experienced lawyer can make sure that the asbestos companies responsible for the disease are held accountable for any damages they incur. This includes compensation for the victim's medical expenses, pain and suffering and loss of enjoyment of life. A mesothelioma lawyer with national recognition will provide the best legal representation.

The process of creating the Database

Asbestos, a fibrous mineral is used in a variety of different applications. It can be found in a variety of structures and buildings, such as insulation, fireproofing materials, ceiling tiles, paints, coatings, insulators and pipes. When asbestos containing materials are cut or damaged, the fibers become airborne and are inhaled by workers who are working on repairs or renovations. People are sick when the tiny fibers accumulate in their lungs, causing damage over time. The risk of developing mesothelioma, or any other asbestos-related illness is determined by the nature and extent of exposure, and also on the duration of exposure.

Since asbestos sufferers are frequently exposed to a myriad of products, mesothelioma attorneys need to develop a database that links employers, products and defendants. The database is an essential component of proving an asbestos victim's case and determining which businesses could be liable for a client's asbestos-related injuries. This database can be created by interviewing colleagues and family members, reviewing delivery and invoices and obtaining documents from asbestos removal as well as suppliers. A lawyer can also request samples to be taken from the victim's workplace and home. They can be examined to determine the type of asbestos (amosite, chrysotile or crocidolite) and to identify potential defendants.

An experienced mesothelioma lawyer can provide a thorough database of asbestos to help establish the exposure of a person to asbestos and the potential liability for mesothelioma. This can help families of victims save time and money when filing a claim or pursuing compensation with asbestos-related companies or the asbestos trust fund.

A successful mesothelioma case helps the families of victims gain financial stability and access to treatment options that wouldn't be accessible without the compensation they receive through the claim. Mesothelioma lawsuits also pay for medical expenses and lost wages, which could accumulate over a lifetime.

Most mesothelioma lawsuits are filed in federal or state court. A mesothelioma attorney can explain the best method of filing claims to maximize a victim's chances of winning. For instance, those who were exposed in the military should file a veterans claim through the Department of Veterans Affairs, rather than a personal injury or wrongful death lawsuit against a responsible asbestos-related company.

Identifying Defendants

During the trial, plaintiffs and victims will determine which companies are liable for asbestos injuries. There are many factors that can influence the decision. For example, some defendants are more likely be responsible for a victim's exposure than other. This is because asbestos was used in many different industries. Additionally, mesothelioma cases frequently have multiple defendants.

The most frequent asbestos defendants are those who manufactured, sold or used asbestos-containing products. Mesothelioma patients must prove the defendants violated their legal duty by failing to protect workers from harm posed by asbestos-containing products. The breached duty must have led to the plaintiff's injury or illness. In some instances, it's impossible to prove that the defendants had a duty to exercise caution. In these cases, attorneys will use a legal argument known as strict product liability or strict liability.

To demonstrate this, lawyers look into the work history of the victim and job websites to identify asbestos-producing or using companies. They will also examine the patient's medical records as well as mesothelioma-related symptoms to determine what led to the illness. Injured victims might also be required to undergo a number of tests to confirm the diagnosis and determine the severity of mesothelioma.

These tests may include xrays, CT scans and lung function tests. If a physician believes that the condition of a patient is linked to asbestos, they might suggest certain treatments, such as surgery or chemotherapy.

Asbestos-related diseases typically have a dose-response relationship, which means that the more asbestos the person is exposed to, the greater the chance of developing an asbestos-related condition. This makes it easier for someone to prove a link between their asbestos exposure in the past and mesothelioma or any other asbestos-related condition.

In most cases, the victims of mesothelioma or other asbestos-related diseases receive compensation from the bankruptcy trusts set up in the asbestos defendants' reorganization procedures. However, the compensation will not always be enough to compensate a victim's financial losses. If a victim requires additional financial assistance, it's sometimes possible to start an asbestos lawsuit against the company that caused their injury.

The process of creating the case

Asbestos-related cases can be a bit tangled because the victims' injuries are often severe and they may not have been aware of their condition prior the statute of limitations had expired. In addition unlike a car crash where the party responsible is evident, the asbestos victim's case requires identifying multiple defendants. This requires a thorough work history review and interviewing co-workers, family members asbestos workers, suppliers and manufacturers. In the process of establishing a database, and linking these companies to the asbestos settlement patient's condition could take years.

Once the source of exposure are identified, it's time to pinpoint those products that contributed to the injury. This can be a lengthy process, because the asbestos victim's work history may span more than 40 years. It is not unusual for someone to have had exposure to different types and products containing asbestos.

It is important to employ an asbestos lawyer who is knowledgeable about the different asbestos products and manufacturers. Your mesothelioma attorney will need to know which companies you worked for, which locations the product was produced and sold, the location it was used in your work, and how you were exposed. They'll also need to review medical records and other documents. They might even conduct an "deposition" which is a recorded sworn testimony by a court reporter.

After potential defendants are identified, the attorneys will need to know their financial situation and how they'll be able to pay you for your asbestos-related health condition. Asbestos litigation has been the cause of bankruptcy for many companies. The law requires them to establish trust funds to pay victims' costs.

In the end, the purpose of a lawsuit involving asbestos is to ensure that those who were responsible for the plaintiff's health are accountable. In certain cases this may mean obtaining maximum amount of compensation through settlement negotiations or trial verdicts. Some may be able to be awarded the amount they are due when they can, by filing a claim through asbestos trust funds. This isn't ideal for the victims, but it allows them to receive the compensation they're entitled to earlier.