How to File a Lawsuit Against an Asbestos Company

The top mesothelioma law firms have expertise in handling cases across a variety of jurisdictions. National law firms are best equipped to investigate and determine the asbestos lawyers-related companies that are responsible for each patient’s exposure.

If mesothelioma victims contact a law firm, they could be awarded compensation from asbestos attorneys-related defendants for medical expenses, loss of earnings, and other damages. However, getting this compensation could take a long time.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral that was once widely employed in the construction and manufacturing of products. This material is strong and inexpensive, as well as resistant to heat and flames. Due to its numerous desirable attributes, asbestos was frequently used in industrial and commercial settings up until the 1970s when it was banned. During that time there were thousands of people suffering from serious health problems like mesothelioma, lung cancer, asbestosis and other illnesses caused by exposure to this hazardous substance.

As soon as medical researchers recognized the dangers to health associated with asbestos many of the workers who suffered from these health problems filed lawsuits against companies that they believed exposed them to asbestos. These claims triggered a huge legal battle that led to dozens of companies going bankrupt. Asbestos trust funds were established to help victims.

In the past asbestos litigation was handled a bit differently than a typical personal injury lawsuit. It involved large groups of plaintiffs, multiple defendants, long discovery periods and the use of expert witnesses. Because of the complex nature of this type of lawsuit, it is crucial to find a mesothelioma lawyer who understands the intricacies of asbestos law and can better manage these cases.

On September 10, 1973 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 liable if their employees were diagnosed with asbestos-related diseases like mesothelioma.

Following the ruling, a flood of asbestos-related claims came into the courts. Most of these claims were based on the assumption that employers knew that the asbestos they sold their workers was hazardous, but did not inform them of the risks. Lawyers who dealt with asbestos cases would typically seek clients out, then group them together, and file them in large quantities to create a legal storm that could make defendants agree to settlements.

The Statute of Limitations

In the majority of personal injury cases, there is a statute of limitations period. This is a time limit that begins when an injury occurs until the claimant files their lawsuit. The time limit for asbestos claims is more complex than most other types. This is because asbestos-related diseases generally develop over a long period of time with symptoms and diagnoses being discovered years after initial exposure to the toxic substance. In other words, the "clock" in these instances is usually not set until it becomes obvious that asbestos exposure led to an injury, which is distinct from most other kinds of personal injuries.

This lengthy timeline is a large reason why asbestos litigation is different from most other personal injury lawsuits. You must act swiftly to file a mesothelioma lawsuit or other asbestos-related claims. You may not be able to take advantage of an exception or exemption to the limitation period if you wait too long.

The time limit for filing an asbestos-related claim is contingent upon a variety of factors such as the state in which you were exposed and where you are currently. Based on the factors, your lawyer may choose to file your claim in the state where you were exposed to asbestos the most. This could lead to confusion regarding the statute of limitation, as defendants may claim that the laws of the other state should be interpreted.

Before beginning the legal process, it is important that victims and their families are aware of the laws of every state. Especially if the victim or family members been employed in multiple states or even transferred between states, the law applicable to them and the time limit can be confusing to comprehend.

A knowledgeable mesothelioma lawyer will assist you in determining whether a statute of limitations exception or exemption applies and when the correct date is for filing an asbestos lawsuit in your specific case. Your lawyer will gather all evidence against the parties responsible and file your case in the proper county court before the expiration date of the statute of limitations.

Asbestos Trusts

Asbestos victims have two options for compensation: lawsuits and asbestos trusts. The lawsuit process allows people to pursue justice for mesothelioma, or another asbestos-related disease caused by negligent companies. Trust funds are used to seek financial compensation from asbestos-related companies which have gone out of business because of asbestos-related liabilities. The companies set up trusts to conceal their assets and reduce their liability for mesothelioma suits. But, the courts obliged the companies to establish these trusts to ensure that victims could receive monetary compensation.

Although it is possible to make a mesothelioma-related lawsuit and also pursue compensation from an asbestos lawsuits trust, victims must be aware that this could be a lengthy process. It is essential for mesothelioma patients to collaborate with an experienced asbestos lawyer, who can help gather the required documentation and evidence to complete both processes. This includes providing medical and work records from years ago. This can be a daunting task however, your lawyer will know what to look for and how to get it from various sources.

Depending on the asbestos trust, there are a variety of methods for reviewing and settling claims. For example, some asbestos trusts have an expedited review process that settles mesothelioma cases faster with a fixed amount of payout. Other trusts have an individual review that is conducted on a case by case basis, and may result in higher payouts. However, some asbestos trusts are in a separate category referred to as "extraordinary claims" which may combine elements from both kinds of reviews.

Proof that asbestos was present in the workplace is required for a claim to compensation from an asbestos trust. This can be proved through medical documents such as pathology reports, imaging scans and doctor's statements. The victim must also provide proof that exposure to asbestos caused their illness. This can be demonstrated by submitting documentation like invoices, employment records and witness affidavits as well as other evidence. After the evidence has been gathered the mesothelioma lawyer will submit it to the asbestos trust according to their guidelines.

Medical Experts

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

Because the symptoms of asbestos diseases can mimic those of many other ailments, like emphysema or heart disease, it can be difficult to determine the causation. 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 what the reason. Since asbestos cases are complex subjects expert witnesses are required to assist juries and judges.

For instance, a doctor who has received specialized training in the field of toxicology is competent to establish the link between asbestos and certain ailments. Toxicology is a study of chemicals and their effects on living organisms and their toxicological properties. An epidemiologist is a specialist in asbestos who examines the impact and spread of specific diseases on 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 professionals who can assist in determining the extent and type of a plaintiff's exposure asbestos. This can be done by interviewing family members, coworkers and analyzing work-related documents like invoices or work orders delivery documents suppliers lists etc. Also, testing samples taken from the plaintiff's residence or work site. It is also possible to determine the type of asbestos attorneys such as amosite crocidolite, or chrysotile by examining samples from a work environment and analysing the chemical composition of the fibers.

Experts are costly and could be a significant portion of the overall costs of the lawsuit. However, without the expertise of these experts they would be incredibly difficult to win a case against an asbestos defendant. Moreover, if the case was unsuccessful, the victim may be denied a substantial amount of compensation. The hiring of these professionals is typically an investment that is worthwhile.