How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have handled cases in many different jurisdictions. Lawyers with national resources of law firms are best equipped to investigate and determine which asbestos companies are responsible for each patient's exposure.
If mesothelioma victims contact a law firm, they could get compensation from asbestos defendants for medical expenses as well as loss of earnings and other damages. However, obtaining this compensation could take a long time.
The History of Asbestos Litigation
Asbestos, a naturally occurring mineral, was once widely used in the manufacture and construction of products. It is inexpensive and strong and is also fire-proof and heat-resistant. Asbestos was widely used for its many desirable properties in industrial and commercial settings up until the 1970s when it was finally prohibited. Many people were affected by serious health problems, such as mesothelioma and lung cancer.
When medical researchers began to recognize asbestos's health risks and asbestos-related illnesses, a lot of workers who had the health issues complained against the companies that they believed exposed them the harmful asbestos. These claims triggered a huge legal battle that led to numerous companies going into bankruptcy. Asbestos trust funds were created to help victims.
In the past, asbestos litigation was handled differently than a typical personal injury lawsuit. It involved large groups, numerous defendants, and lengthy discovery. Expert witnesses were also employed. Because of the complex nature of this type of lawsuit, it is imperative to choose a mesothelioma attorney who is knowledgeable of the complexities of asbestos law and can better manage 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 liable if their employees were diagnosed with asbestos-related diseases, such as mesothelioma.
Following this ruling, asbestos-related lawsuits began flooding the courts. Most of the claims were based upon the assumption that employers knew the asbestos they sold their workers was dangerous, but they did not warn their employees about the dangers. 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
In the majority of personal injury lawsuits there is a statute of limitations period. This is a time frame that starts the moment an injury occurs, and continues until the claimant files their lawsuit. The time limit for asbestos claims is more complicated than the majority of other types. This is due to the fact that asbestos-related diseases usually develop over time with symptoms and diagnoses appearing years after initial exposure to toxic material. In this way the "clock" in these cases often doesn't start until it becomes obvious that asbestos exposure has caused an injury, which is distinct from most other kinds of personal injuries.
This is among the main reasons asbestos litigation differs from other personal injury lawsuits. If you want to file a mesothelioma suit or another asbestos-related claim, you must act swiftly. If you delay too long, you could not be able benefit from a statute of limitations exception or exemption and could not receive compensation.
The time frame for filing a claim involving asbestos is based on a variety of factors including the state in which you were exposed and the state in which you are currently. Based on the factors, your lawyer may choose to make the claim in the state that you were exposed to asbestos the most. This may cause confusion about the statute of limitations as defendants will claim that the law of the other state should be applied.
Before beginning the legal process, it is essential that victims and their family members understand the laws in each state. The applicable statute of limitation can be a bit confusing, particularly if the victim and their family members have been in more than one location or even moved from state state.
A mesothelioma attorney can help you determine if an exception to the statute of limitations or exemption is available and when the deadline for filing an asbestos lawsuit in your case is. Your lawyer will gather any available evidence against the parties at fault and file your suit with the appropriate county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos victims have two options for compensation: lawsuits and asbestos trusts. The lawsuit process allows victims to pursue justice for mesothelioma or any other asbestos-related illness caused by negligent businesses. Trust funds are used to seek financial compensation from asbestos-related companies that have been forced out of business because of asbestos-related liabilities. These companies created trusts to conceal their assets and limit their liability for mesothelioma suits. The courts obliged these companies to establish these trusts in order to ensure that victims would be compensated in monetary terms.
Although it is possible to file a mesothelioma lawsuit and also seek compensation from an asbestos trust, victims should be aware that this can be a time-consuming procedure. Patients with mesothelioma should work with an asbestos attorney who is experienced to collect all the documentation and evidence required to complete both procedures. This includes providing medical and work records that go back many years. This can be a difficult task, but your lawyer will know where to look and how to get it.
Depending on the asbestos trust you are dealing with, there could be different methods for the settlement and review of claims. Certain asbestos trusts, as an example, have an expedited review which will settle mesothelioma claims faster and with a set payout amount. Certain asbestos trusts have a review procedure that is conducted on a case-by-case basis. This could result in larger payout amounts. Other asbestos trusts have an "extraordinary claim" category that may combine elements from both kinds of reviews.
The main condition for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos in the work environment of the debtor company. This can be proven by medical documents, such as pathology and imaging scans or doctor's statements. The patient must be able to prove that asbestos exposure caused their illness. This can be proved by submitting documentation like employment records, invoices or witness affidavits, as well as other evidence. Once the proof has been collected the mesothelioma lawyer will send it to the asbestos trust according to their guidelines.
Medical Experts
Medical experts are essential in establishing a connection between asbestos exposure and plaintiff's illness. These experts can also conduct physical examinations as well as review medical records. They may also be asked to review x-rays or pathology reports. They must be licensed physicians with a solid understanding of, or experience in their areas of expertise.
It is often difficult to determine the cause of asbestos-related disease since its symptoms are similar to those of other conditions such as emphysema and heart disease. For instance your pulmonologist may be able to tell you that your breath shortness is related to your asbestos condition, but not why. Because asbestos cases are complicated subjects experts are required to assist juries and judges.
A specialist doctor in toxicology can assist in establishing an association between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful effects on living organisms. Another instance of an important asbestos expert is an epidemiologist, who studies the spread of diseases within specific populations. An epidemiologist may use his or her academic and clinical background to establish a link between exposure to asbestos and a variety of 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 through interviews with coworkers and family members, analyzing workplace documentation such as invoices, work orders and delivery documents and supplier lists, and analyzing samples from plaintiff's workplace and home. It is also possible to determine the kind of asbestos like amosite, the crocidolite or chrysotile by examining samples from a workplace and by studying the chemical composition of the fibers.
Experts can be expensive and could be a significant portion of the overall cost for a lawsuit. Without Redondo Beach asbestos attorneys of these people it could be extremely difficult to prevail in a lawsuit against an asbestos defendant. Moreover, if the case was unsuccessful, the victim may be denied a substantial amount of compensation. In the final analysis, hiring these professionals is usually a wise investment.