How to File a Lawsuit Against an Asbestos Company
Top mesothelioma lawyers dealt with cases in numerous areas. Those with nationwide law firm resources are best suited to investigate and determine which asbestos companies are responsible 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. However, obtaining this kind of compensation can take years.
The History of Asbestos Litigation
Asbestos, a naturally occurring mineral was once extensively utilized in the manufacturing and construction of products. This material is cheap and durable, as well as fire-proof and heat-resistant. Due to its numerous attractive attributes, asbestos was frequently employed in commercial and industrial settings until the 1970s when it was banned. Thousands of people were affected by serious health complications such as mesothelioma and lung cancer.
When medical researchers realized the health risks associated with asbestos many of the workers who suffered from health issues resulting from asbestos filed lawsuits against the companies they believed exposed them to asbestos. These claims led to a massive legal fight that resulted in several companies going under. Trust funds for asbestos were established to compensate 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 imperative to hire a mesothelioma attorney who is knowledgeable of the complexities of asbestos law and can better deal with these cases.
One of the most significant events 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 for injuries to those who suffered from asbestos-related diseases like mesothelioma if they failed to inform their employees about the dangers of their products.
After the ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based on the idea that employers knew the asbestos they offered their employees was dangerous, but they did not warn them about the risks. Lawyers who handled these cases often approached clients, organized them into groups and filed them in large numbers in order to create an unintended legal tsunami that would oblige defendants to pay compensation.
The Statute of Limitations
Most personal injury cases have a statute of limitations which is a timeline that begins running when an injury occurs and continues until a plaintiff decides to file a lawsuit. The time limit for asbestos claims is more complicated than other kinds. This is due to the fact that asbestos-related diseases usually develop over time, with symptoms and diagnoses appearing years after initial exposure to harmful substances. The "clock" isn't set until it is evident that asbestos exposure caused the injury. This is distinct from most other types of personal injuries.
This is one of the main reasons why asbestos litigation differs from other personal injury lawsuits. You must act quickly to file a mesothelioma case or other asbestos-related claims. You may not be able to avail an exception or exemption to the limitation period if you wait too long.
The time frame for filing an asbestos-related suit is contingent upon various factors that include where you resided and where you were first exposed. Depending on the variables your lawyer can decide to submit your claim in the state that you were exposed to asbestos the most. This could cause confusion regarding the statute of limitation, since defendants might argue that the laws in the other state should be interpreted.
Before beginning the legal process, it is important that the victims and their family members understand the laws of every state. Particularly if the person who is being sued or family members worked in multiple states or even relocated between states, the applicable time limit can be confusing to comprehend.
An experienced mesothelioma lawyer can assist you in determining if a statute of limitations exemption or exception applies and what the appropriate deadline for filing an asbestos lawsuit in your specific case. Your lawyer will collect all evidence against the defendants and file your case in the appropriate county court prior to the expiration date of the statute of limitations.
Asbestos Trusts
Asbestos sufferers can choose between two options for compensation either through asbestos trusts or lawsuits. The lawsuit is a means for individuals to seek justice if they suffer from mesothelioma or any other 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. These companies created trusts to hide their assets and reduce their liability for mesothelioma suits. However, the courts compelled these companies to create these trusts to ensure that victims receive monetary compensation.
It is possible to file both mesothelioma lawsuits and seek compensation from an asbestos trust, but victims should be aware that this procedure can take a long duration. It is vital for mesothelioma sufferers to work with an experienced asbestos lawyer who can help collect the necessary evidence and documentation to complete both procedures. This includes supplying medical and work records from decades ago. This can be a difficult task however, your lawyer will know what to look for and how to obtain it from different sources.
Depending on the asbestos trust you're dealing with, there may be different procedures for settlement and reviewing claims. For instance, certain asbestos trusts have an expedited review process which settles mesothelioma claims quicker with a fixed payout amount. Certain asbestos trusts have a review procedure that is done on a case-by case basis. This could result in higher payouts. Other asbestos trusts have an "extraordinary claim" category that can combine elements from both types of reviews.
The most important condition for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos during the work environment of the company that is in debt. This can be proven by medical records, such as imaging scans and pathology or doctor's statements. Additionally, the patient must provide proof that the asbestos exposure led to the diagnosis of their illness. This can be proved by submitting documentation like invoices, employment records and witness affidavits as well as other evidence. After the evidence is taken by your mesothelioma lawyer and they are able to submit it in accordance with asbestos trust's protocols.
Medical Experts
Medical experts are crucial in establishing a connection between asbestos exposure and plaintiff's illness. Whittier asbestos lawsuits review medical records and may also perform physical examinations. They also examine x-rays and pathology reports. They must be licensed physicians with expertise or experience in their field of expertise.
Because asbestos-related symptoms can mimic those of many other diseases, including emphysema or heart disease, it can be difficult to determine the causation. For instance, your pulmonologist might be able to confirm that your breath shortness is related to your asbestos condition but not why. Because asbestos cases involve complex subjects experts are required to assist judges and juries.
For instance, a physician who has received specialized training in the field of toxicology is competent to establish the connection between asbestos and certain diseases. Toxicology is a study of chemicals, their effects on living organisms and their toxicological properties. Another instance of an important asbestos expert is an epidemiologist, who studies the spread of diseases within specific populations. An epidemiologist may use their experience in the field of medicine and academics to establish a link between exposure to asbestos and specific diseases.
Other asbestos experts include occupational and environmental health and safety professionals who can help determine the type and extent of a plaintiff's exposure to asbestos. This can be done by conducting interviews with co-workers and family members, and analyzing documents from the workplace, including work orders, invoices, delivery documents and supplier lists, and testing samples from a plaintiff's workplace and home. Analyzing samples from the workplace, and by studying the chemical makeup of the fibers, it is possible to identify asbestos types like amosite or chrysotile.
Experts can be expensive and could be an important portion of a lawsuit's overall costs. Without the expertise of these experts, it would be very difficult to win a case against asbestos defendants. If the case is unsuccessful, the victim may be deprived of substantial compensation. In the final analysis, hiring these professionals is generally a wise investment.