How to File a Lawsuit Against an Asbestos Company
Top mesothelioma lawyers have handled cases in many different jurisdictions. Lawyers with national law firm resources are best suited to investigate and determine which asbestos companies are accountable for each patient's exposure.
If mesothelioma victims contact a law firm, they may receive compensation from liable asbestos defendants for medical expenses, loss of earnings, and other damages. The compensation could take many years to obtain.
The History of Asbestos Litigation
Asbestos is a mineral that occurs naturally, was once widely used in the manufacture and construction of products. This material is cheap and strong as well as heat-resistant and fire-proof. Asbestos was widely used for its numerous desirable properties in commercial and industrial settings up until the 1970s when it was finally prohibited. In that time there were thousands of people suffering from serious health problems like mesothelioma, lung cancer, asbestosis and other ailments caused by exposure to the dangerous substance.
As soon as medical researchers began to recognize asbestos's health risks, many workers who developed these health issues filed lawsuits against the companies that they believed exposed them to asbestos, which is harmful to health. These claims led to a massive legal battle that led to several companies going under. Trust funds for asbestos were created to help victims.
In the past, asbestos litigation was handled differently from a typical personal injury lawsuit. It involved large groups, multiple defendants and lengthy discovery. Expert witnesses were also employed. It is important to hire mesothelioma attorneys who can handle these cases due to the complexity of the lawsuit.
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. This decision ruled that asbestos producers were responsible for injuries sustained by employees who contracted asbestos-related illnesses like mesothelioma in the event that they failed to warn their employees of the dangers of their products.
After the ruling, asbestos-related lawsuits flooded the courts. The majority of the claims were based on the assumption that employers were aware that the asbestos they provided to their employees was hazardous and did not warn them of the risks. Lawyers who dealt with asbestos cases would usually solicit clients, group them together and file in large quantities to create an unintended legal storm that would force defendants into settlements.
The Statute of Limitations
The majority of personal injury cases have a statute of limitations which is a timeline that starts running when an injury occurs and continues until the claimant is able to file an action. For asbestos-related lawsuits, the statute of limitations is a bit more complex than for other kinds of cases. This is because asbestos-related diseases generally develop over a long time period with symptoms and diagnosis appearing 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 distinct from the majority of other personal injuries.
This is one of the main reasons asbestos litigation is different from other personal injury lawsuits. You must act quickly to file a mesothelioma claim or other asbestos-related claims. If you wait too long, you could not be able benefit from a statute of limitations exception or exemption and could miss out on compensation.
The time frame for filing a claim involving asbestos is contingent upon a variety of factors such as the state in which you were exposed and where you live. Depending on the variables your lawyer might decide to submit your claim in the state that you were exposed to asbestos the most. This can sometimes cause confusion regarding the statute of limitations because defendants might claim that the law of the other state should apply.
It is essential for families of victims to be aware of the laws of each state prior to beginning the legal process. Particularly if the person who is being sued or family members been employed in more than one state or even moved between states, the applicable statute of limitations may be difficult to understand.
A mesothelioma lawyer can help you determine if an exception to the statute of limitation or exemption is applicable and when the deadline for filing an asbestos lawsuit in your case is. Your lawyer will collect any evidence available against the defendants at fault and file your suit with the appropriate county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos victims have the option of choosing between two options for compensation either through asbestos trusts or lawsuits. The lawsuit is a means for people to seek justice in the event that they have mesothelioma, or any other asbestos-related illness caused by negligent companies. Trust funds are used to seek financial compensation from asbestos-related companies that have gone out of business due to asbestos-related liabilities. The companies that established these trusts essentially tried to hide their assets by filing for bankruptcy to limit their liability in mesothelioma lawsuits. The courts obliged these companies to establish these trusts in order to ensure that victims receive monetary compensation.
It is possible to file both mesothelioma lawsuits and seek compensation from an Asbestos Trust, however, patients should be aware that this process may take a long duration. Patients suffering from mesothelioma should consult with an asbestos attorney who has the experience to collect all the documentation and evidence required to complete both processes. This includes providing work and medical records dating back decades. This is a daunting task however, your attorney will know where to search and how to obtain it.
Depending on the asbestos trust, there are different ways to review and settle claims. For example, some asbestos trusts have a speedier review process which settles mesothelioma claims quicker with a fixed payout. Other trusts have an individual review that is conducted on a case by case basis and could result in higher payouts. However, some asbestos trusts have a distinct category called "extraordinary claims," which can combine elements from both kinds of reviews.
Hillsboro asbestos lawsuit that asbestos was present in the workplace is necessary to be able to claim compensation from an asbestos trust. This can be proven through medical documents, such as imaging scans and pathology reports or doctor's notes. The patient should be able to prove that exposure to asbestos caused their illness. Documents like invoices and employment records can be used to prove this. Once the evidence is collected the mesothelioma lawyer will send it to the asbestos trust according to their protocols.
Medical Experts
Medical experts are vital in establishing the connection between asbestos exposure and the plaintiff's health. These experts can also conduct physical examinations and evaluate medical documents. In addition they are often required to look at x-rays or pathology reports. They must be licensed doctors with a solid understanding of, or expertise in their areas of expertise.
It can be difficult to pinpoint the cause of asbestos disease as its symptoms can be similar to those of other ailments like emphysema and heart disease. For instance your pulmonologist may be able to inform you that your breath-shortness is due to your asbestos-related condition, but not why. Expert witnesses are required since asbestos cases are complicated.
A physician with specialized training in toxicology can assist in establishing an association between asbestos and certain illnesses. Toxicology is the study of chemicals that affect living organisms and their toxicological properties. Another example of an important asbestos expert is an epidemiologist, who examines the spread of diseases in particular populations. An epidemiologist can draw on their experience in the field of medicine and academics to establish a link between exposure to asbestos and certain illnesses.
Other asbestos experts include occupational and environmental health and safety experts who can assist in determining the type and extent of a plaintiff's exposure to asbestos. This can be done by speaking with relatives, coworkers, and analyzing workplace documents like invoices and work orders delivery documents supplier lists, invoices etc. Also, testing samples taken from the plaintiff's home or work site. Through the analysis of samples taken from the workplace and studying the chemical composition of fibers it is possible to determine asbestos types like amosite or chrysotile.
Experts are costly and could make up a significant part of the overall costs of a lawsuit. However, without the expertise of these individuals it could be incredibly difficult to win a case against an asbestos defendant. If the case was unsuccessful, the victim could lose a significant amount of compensation. Employing these professionals is usually an investment that is worthwhile.