How to File a Lawsuit Against an Asbestos Company

The top mesothelioma law firms have handled cases in a variety of jurisdictions. National law firms are best equipped to analyze and identify the asbestos-related companies that are responsible for each patient's exposure.

The victims who speak with mesothelioma lawyers can get compensation for medical expenses, lost earnings and other damages incurred by asbestos attorney defendants. The compensation may take several years to obtain.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral was once widely used in the manufacture and construction of products. It is inexpensive and sturdy and is also fire-proof and heat-resistant. Due to its numerous attractive properties, asbestos was extensively used in industrial and commercial settings until the early 1970s, when it was banned. In the years that followed, thousands of people suffered from serious health problems such as mesothelioma, asbestosis, lung cancer and other ailments caused by exposure to this hazardous substance.

When medical researchers realized the health risks associated with asbestos many of the workers who suffered from health issues related to asbestos filed lawsuits against the companies they believed exposed them to asbestos. These claims went on to become a major legal dispute that has made dozens of companies bankrupt and resulted in the creation of asbestos trust funds that compensate victims.

In the past, asbestos litigation was handled differently than a typical personal injury lawsuit. It involved large groups, multiple defendants, and lengthy discovery. Expert witnesses were also utilized. Because of the complicated nature of this type of lawsuit, it is essential to choose a mesothelioma attorney who is familiar with the complexities of asbestos law and can 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 day in the history of asbestos lawsuits. The ruling said that asbestos producers were accountable for their employees who were diagnosed with asbestos-related diseases, such as mesothelioma.

Following this ruling, asbestos-related lawsuits flooded the courts. The majority of the claims were based on the assumption that employers knew that the asbestos they offered to their employees was hazardous and did not warn them of the risks. Lawyers who handled these cases typically sought out clients, then grouped them into groups and filed them in bulk in order to create an unintended legal tsunami that would make defendants pay compensation.

The Statute of Limitations

Most personal injury cases have a statute of limitations that is a time-line that begins to run when an injury occurs and continues until the claimant files a lawsuit. For asbestos claims the statute of limitations is a bit more complicated than it is for other types of cases. This is because asbestos-related diseases typically develop over a period of time, with symptoms and diagnosis being discovered years after initial exposure to the toxic substance. The "clock" does not begin until it is evident that asbestos exposure is the cause of the injury. This is distinct from the majority of other personal injuries.

This timeline is one of the primary reasons asbestos litigation is different from other personal injury lawsuits. If you want to file a mesothelioma suit or any other asbestos lawsuit-related claim, you must act swiftly. If you delay too long, you may not be able to benefit from an exception to the statute of limitations or exemption and could be denied the compensation.

The time frame for filing an asbestos-related lawsuit is based on a number of factors such as where you resided and where you first exposed. Depending on these variables the attorney could decide to make an asbestos-related claim in the state where most of your exposure occurred. This may cause confusion about the statute of limitations because defendants might claim that the law of the other state should be applied.

It is crucial for families of victims to be aware of the laws of each state prior to starting the legal process. Particularly if the person who is being sued or family members worked in more than one state or even relocated between states, the applicable statute of limitations can be difficult to understand.

A knowledgeable mesothelioma lawyer will assist you in determining whether a statute-of-limitations exemption or exception is applicable and what the proper deadline is to file an asbestos lawsuit in your particular case. Your lawyer will gather all evidence available against the parties at fault and file your lawsuit with the correct county court before the statute of limitations expires.

Asbestos Trusts

Asbestos victims have two options for compensation: lawsuits and asbestos trusts. Lawsuits are a way for people to seek justice if they suffer from mesothelioma, or any other asbestos-related disease caused by negligent companies. Trust funds, however are a method of seeking financial compensation from bankruptcy asbestos businesses that went out of business because of their asbestos-related debts. The companies that created trust funds essentially attempted to hide their assets by filing for bankruptcy to limit their liability in mesothelioma lawsuits. The courts forced these companies into creating trusts in order to ensure that victims receive financial compensation.

It is possible to file mesothelioma suits and seek compensation from an asbestos trust, however, patients should be aware that this procedure can take a long duration. It is vital for mesothelioma patients to collaborate with an experienced asbestos lawyer who can help collect the required documentation and evidence to complete both processes. This includes supplying medical and work records dating back years ago. This can be a difficult task however, your lawyer will know what to look for and how to get it from various sources.

Depending on which asbestos trust you're working with, there could be different procedures for settling and reviewing claims. For instance, some asbestos trusts have an expedited review process which settles mesothelioma claims quicker with a fixed payout. Certain asbestos trusts have a review process which is carried out on a case by case basis. This could result in larger payout amounts. Other asbestos trusts have an "extraordinary claim" category that can combine elements from both types of reviews.

Proof that asbestos was present in the workplace is necessary to receive compensation from an asbestos trust. This can be proven through medical documents, such as imaging scans and pathology, or physician statements. Additionally, the patient must prove that the asbestos exposure was responsible for the diagnosis of their condition. Documentation such as invoices and employment records can be used to prove this. After the evidence is collected by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it in accordance with the asbestos trust's guidelines.

Medical Experts

Medical experts are vital in establishing the connection between asbestos attorneys exposure and plaintiff's illness. These professionals evaluate medical records and can perform physical examinations. Additionally they are often asked to look at x-rays or pathology reports. They must be licensed doctors with a solid understanding of, or expertise in their fields of expertise.

Because the symptoms of asbestos diseases can mimic those of many other conditions, such as heart disease or emphysema, it can be difficult to determine the cause. Your pulmonologist could tell you that shortness of breath is due to your asbestos-related condition, but not why. Expert witnesses are needed because asbestos cases are incredibly complicated.

For instance, a doctor who has specialized training in the field of toxicology is able to help establish the link between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful effects on living organisms. An epidemiologist is another expert in asbestos who studies the spread and impact of diseases on specific populations. An epidemiologist may use his or her academic and clinical background to establish a connection between exposure to asbestos and specific diseases.

Other asbestos experts include occupational health and safety specialists who can assist in determining the extent of exposure to asbestos for a plaintiff. This can be accomplished through interviews with family and coworkers members, as well as analyzing documentation from the workplace, including invoices, work orders and delivery documents and supplier lists, and testing samples from a plaintiff's workplace and home. It is also possible to identify the kind of asbestos - such as amosite, the crocidolite or chrysotile by examining samples from a workplace and by analysing the chemical composition of the fibers.

Experts can be costly and account for a large portion of the total cost of a lawsuit. Without the experience of these experts, it would be very difficult to prevail in a lawsuit against asbestos defendants. In addition, if the lawsuit was unsuccessful, the victim could be denied a substantial amount of compensation. In the end, hiring these professionals is generally a wise investment.