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How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have handled cases in a variety of areas. Lawyers with national law firm resources are the best to research and determine which asbestos-related companies are accountable for each patient's exposure.
Victims who seek out a mesothelioma lawyer can receive compensation for medical expenses, lost earnings, and other damages incurred by asbestos defendants. The compensation may take several years to collect.
The History of Asbestos Litigation
Asbestos is a naturally occurring mineral that was previously used in manufacturing and building products. It is affordable and sturdy, as well as resistant to heat and fire. Due to its numerous desirable properties, asbestos was extensively employed in commercial and industrial settings until the 1970s when it was finally banned. In the years that followed, thousands of people suffered from serious health issues such as mesothelioma, asbestosis, lung cancer and other illnesses caused by exposure to this hazardous substance.
As soon as medical researchers recognized the asbestos-related health risks, many workers who suffered from these health problems filed lawsuits against companies they believed exposed them to asbestos. YouTube went on to become a major legal dispute that has led to the closure of dozens of companies bankrupt 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 of plaintiffs, multiple defendants lengthy discovery and the recourse to expert witnesses. It is important to hire mesothelioma attorneys who is able to handle these cases due to the complexity of the lawsuit.
One of the most significant moments in the history of asbestos litigation occurred on September 10, 1973 when the United States Court of Appeals for the Fifth Circuit issued its decision in Borel v. Fibreboard Paper Products Corporation. This ruling stated asbestos manufacturers were liable if their employees developed asbestos-related diseases such as mesothelioma.
After this ruling the flood of asbestos-related claims poured into the courts. The majority of these claims were based on the assumption that employers knew that the asbestos they sold to their workers was dangerous and failed to warn them of the dangers. Lawyers who handled these cases frequently solicited clients, bundled them into groups and filed them in a mass order to create an legal tsunami that could force defendants to settle for compensation.
The Statute of Limitations
The majority of personal injury cases have a statute of limitations which is a timeline that begins running at the time an injury occurs and continues until the claimant files an action. For asbestos-related lawsuits, the statute of limitations is a bit more complicated than for other types of cases. This is because asbestos-related illnesses typically develop over a time period with symptoms and diagnosis being discovered years after initial exposure to the toxic substance. In this way, the "clock" in these cases is usually not set until it becomes obvious that asbestos exposure led to an injury, which is different from the majority of personal injuries.
This is one of the primary reasons asbestos litigation is different from other personal injury lawsuits. To file a mesothelioma lawsuit or other asbestos-related claim you must act swiftly. You may not be able to avail an exception or exemption to the time limit if you wait too long.
The deadline for filing an asbestos-related lawsuit depends on various factors such as where you resided and where you were first exposed. Depending on the variables your lawyer might decide to file your claim in the state that you were exposed to asbestos the most. This could lead to confusion about the statute of limitations, because defendants might argue that the law in the other state should be applicable.
It is essential for the family members of victims to understand the laws of each state prior to beginning the legal process. The applicable statute of limitation can be a bit confusing, particularly when the victim and their family members have lived in more than one location or even moved from state state.
A knowledgeable mesothelioma lawyer will assist you in determining whether a statute-of-limitations exemption or exception applies and when the correct date is for filing an asbestos lawsuit in your particular case. Your lawyer will gather all evidence that is available against the at-fault parties and file your lawsuit with the correct county court before the statute of limitations expires.
Asbestos Trusts
Asbestos victims have two options to seek compensation: lawsuits and asbestos trusts. Lawsuits allow individuals to pursue justice for mesothelioma, or another asbestos-related disease caused by negligent companies. Trust funds are used to seek financial compensation from asbestos companies that have gone out of business due to asbestos-related liabilities. These companies created trusts to hide their assets and reduce their liability for mesothelioma suits. The courts obliged these companies to establish trusts to ensure that victims receive financial compensation.
It is possible to file both mesothelioma lawsuits and seek compensation from an Asbestos Trust, however, patients should be aware that this procedure will take a considerable amount of duration. It is essential for mesothelioma patients to work with an experienced asbestos lawyer who can assist in gathering the necessary documentation and evidence to complete both processes. This includes supplying work and medical records dating back decades. This can be a difficult task however, your lawyer will know what to look for and how to obtain the information from different sources.
Depending on which asbestos trust you are dealing with, there could be different ways of settling and reviewing claims. For instance, certain asbestos trusts have a speedier review process that settles mesothelioma cases faster with a fixed amount of payout. Other trusts have an individual review that is handled on a case-by-case basis and can result in higher payout amounts. Other asbestos trusts have an "extraordinary claim" category that may combine elements from both types of reviews.
The most important condition for receiving compensation from an asbestos trust is evidence that the victim was exposed to asbestos during the work environment of the debtor company. This can be proved through medical documents like imaging scans, pathology reports and physician statements. Additionally, the patient must provide proof that the asbestos exposure caused the diagnosis of their condition. This can be demonstrated by submitting documentation like invoices, employment records or witness affidavits, as well as other evidence. Once the proof has been obtained your mesothelioma lawyer is able to submit it to the asbestos trust in accordance with their protocols.
Medical Experts
Medical experts are vital to establishing the connection between asbestos exposure and plaintiff's illness. These experts review medical records and may also perform physical examinations. They also examine x-rays and pathology reports. They must be licensed physicians with a solid understanding of, or experience in their fields of expertise.
Since asbestos-related symptoms can mimic those of many other ailments, like heart disease or emphysema, it can be difficult to determine the cause. For example, your pulmonologist might be able to inform you that your breath-shortness is due to your asbestos-related condition, but not why. Because asbestos cases are complicated topics experts are required to assist juries and judges.
For instance, a doctor who has been trained in the field of toxicology is capable of establishing the link between asbestos and certain ailments. Toxicology is the study of chemicals, their effects on living organisms, and their toxicological properties. Another instance of an important asbestos expert is an epidemiologist who examines the spread of diseases in specific populations. An epidemiologist's academic and professional background can be used to establish a link between asbestos exposure and certain diseases.
Other asbestos experts include occupational and environmental health and safety experts who can help determine the extent and type of a plaintiff's exposure asbestos. This can be done by interviewing co-workers, family members and analyzing documents from the workplace like invoices or work orders, delivery documents supplier lists, invoices, etc. Also, testing samples taken from the plaintiff's house or work place. Analyzing samples from a work environment and studying the chemical composition of fibers it is possible to identify asbestos types like amosite or chrysotile.
Experts can be costly and could be a significant portion of the overall cost for a lawsuit. But, without the experience of these experts they would be incredibly difficult to prevail in a lawsuit against asbestos defendants. If the case is unsuccessful, the victim may be deprived of substantial compensation. In the end, hiring these professionals is usually a good investment.