How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have handled cases in many different areas. Lawyers with national law firm resources are best equipped to investigate and determine which asbestos companies are responsible for the exposure of each patient.
If mesothelioma victims contact a law firm, they may get compensation from asbestos defendants for medical expenses and loss of earnings and other damages. This compensation can take many years to collect.
The History of Asbestos Litigation
Asbestos is a naturally occurring mineral that was once commonly used in manufacturing and building products. This mineral is extremely durable and cheap, and also fire-proof and heat-resistant. Asbestos was widely used for its many desirable properties in commercial and industrial settings up until the early 1970s, when it was finally prohibited. During that time, thousands of people suffered from serious health complications such as mesothelioma, lung cancer, asbestosis and other diseases caused by exposure to this dangerous substance.
When medical researchers recognized the health risks associated with asbestos, many workers who suffered from health issues related to asbestos filed lawsuits against the companies they believed exposed them to asbestos. These claims triggered a huge legal battle that led to several companies going under. Asbestos trust funds were created to help 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 employed. Because of the complex nature of this type of lawsuit, it is crucial to find a mesothelioma lawyer 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 developed asbestos-related diseases like mesothelioma.
Following this ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based on the assumption that employers knew that the asbestos lawsuit they provided to their workers was dangerous and didn't warn their employees of the dangers. Lawyers who dealt with asbestos cases would usually seek clients out, then group them together, and file them in large quantities to create a legal storm that would force defendants into settlements.
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 decides to file an action. The time limit for asbestos claims is more complicated than most other kinds. This is because asbestos-related diseases generally develop over a long time period, with symptoms and diagnosis occurring years after the initial exposure to the toxic material. The "clock" does not begin until it is evident that asbestos exposure caused the injury. This is different from the majority of other personal injuries.
This complicated timeframe is the primary reason why asbestos litigation is so different from other personal injury lawsuits. You must act swiftly to file a mesothelioma claim or other asbestos-related claims. If you put off filing your claim for too long, you could no longer be able to benefit from an exception to the statute of limitations or exemption and may not receive the compensation.
The deadline for filing an asbestos-related lawsuit is based on several factors such as where you resided and where you first exposed. Based on the circumstances your lawyer can decide to make the claim in the state that you were exposed to asbestos most. This can cause confusion about the statute of limitation, since defendants might claim that the laws of the other state should be interpreted.
It is crucial for families of victims to be aware of the laws of each state prior to beginning the legal process. The statute of limitations applicable to each state is often confusing, especially if the victim and their family members have lived in multiple places or even moved from state state.
A mesothelioma attorney can help you determine whether an exception to the statute of limitations or exemption is available and what the deadline to file a lawsuit against asbestos lawsuits in your particular case is. Your lawyer will gather any evidence available against the defendants at fault and file your lawsuit with the correct county court before the statute of limitations expires.
asbestos lawyer Trusts
Asbestos sufferers can choose between two compensation options either through asbestos trusts or lawsuits. Lawsuits allow individuals to seek justice for their mesothelioma or any other asbestos-related illness caused by negligent companies. Trust funds however are a method of seeking financial compensation from bankrupt asbestos companies that went out of business because of their asbestos-related debts. The companies that set up these trusts tried to conceal their assets by filing for bankruptcy in order to limit their liability in mesothelioma lawsuits. The courts forced these companies into creating trusts to ensure that victims would receive financial compensation.
Although it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, patients should understand that this can be a time-consuming process. It is vital for mesothelioma sufferers to work with an experienced asbestos attorney who can assist in gathering the necessary documentation and evidence to complete both processes. This includes supplying medical and work records dating back decades ago. This can be a challenging task but your lawyer will know where to search and how to obtain it.
Depending on the asbestos trust, there are a variety of procedures for reviewing and settling claims. Some asbestos trusts, for instance, offer an expedited review that will settle mesothelioma claims faster and with an amount that is set for payout. Certain asbestos trusts have a review process which is carried out on a case-by case basis. This can result in higher payouts. Still, other asbestos trusts are in a separate class called "extraordinary claims" which can combine elements of both kinds of reviews.
Proof that asbestos was present in the workplace is essential to be able to claim compensation from an asbestos trust. This can be proved through medical documents like pathology reports, imaging scans and doctor's notes. The patient should also prove that exposure to asbestos caused their illness. Documents such as invoices and records of employment can be used to show this. Once the proof has been obtained the mesothelioma lawyer will send it to the asbestos trust in accordance with their protocols.
Medical Experts
Medical experts are crucial in establishing the connection between asbestos exposure and plaintiff’s illness. These professionals evaluate medical records and may also perform physical examinations. Additionally, they are often asked to look at x-rays or pathology reports. They must be licensed physicians with expertise or experience in their field of expertise.
It is often difficult to pinpoint the cause of asbestos-related disease since its symptoms are similar to those of other conditions such as heart disease and emphysema. Your pulmonologist might explain that your inability to breath is due to your asbestos condition, but not the reason. Since asbestos cases are complex topics expert witnesses are required to aid juries and judges.
For example, a physician who has received specialized training in the field of toxicology is capable of establishing the connection between asbestos and certain illnesses. Toxicology is a study of chemicals and their effects on living organisms, and their toxicological properties. An epidemiologist is another expert in asbestos, who studies the spread and impact of certain diseases on particular populations. An epidemiologist's academic and clinical background can be used to establish a connection between asbestos exposure and certain diseases.
Other asbestos experts include occupational and environmental health and safety professionals who can assist in determining the type and extent of a plaintiff's exposure asbestos. This is done by interviewing relatives, coworkers and analyzing documents from the workplace like invoices, work orders, delivery documents, supplier lists etc. Additionally, they can test samples taken from the plaintiff's home or work place. It is also possible to determine the asbestos type such as amosite chrysotile, or crocidolite - by looking at samples taken from a workplace and by studying the chemical composition of the fibers.
Experts can be expensive and could be the majority of a lawsuit's overall costs. Without the experience of these experts they would be extremely difficult to prevail in a lawsuit against asbestos defendants. In addition, if the lawsuit was unsuccessful, the victim could miss out on substantial compensation. Employing these professionals is usually an investment worth it.