How to File a Lawsuit Against an Asbestos Company
Top mesothelioma lawyers have handled cases in a variety of areas. Firms with national resources of law firms are the best to research and determine which asbestos companies are responsible for the exposure of each patient.
The victims who speak with a mesothelioma lawyer can receive compensation for medical expenses, lost earnings and other damages from asbestos defendants. This compensation can take many years to obtain.
The History of Asbestos Litigation
Asbestos, a naturally occurring mineral was once widely utilized in the manufacturing and construction of products. It is affordable and durable as well as fire-proof and heat-resistant. Asbestos was used extensively due to its numerous properties that were desirable in industrial and commercial settings up to the early 1970s, which was when it was banned. Thousands of people were affected by serious health complications, such as mesothelioma and lung cancer.
As soon as medical researchers realized the health risks associated with asbestos, many workers who suffered from health issues resulting from asbestos filed lawsuits against companies they believed exposed them to asbestos. These claims went on to become a huge legal battle that has left many companies insolvent and led to the establishment of asbestos trust funds to compensate victims.
In the past asbestos litigation was handled differently from a standard personal injury case. It involved large groups of plaintiffs, multiple defendants lengthy discovery and the use of experts as witnesses. It is important to hire mesothelioma lawyers who can handle these cases because of the complexity of the lawsuit.
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. The decision stated asbestos manufacturers were liable for injuries to workers who developed asbestos-related illnesses, such as mesothelioma, in the event that they failed to inform their employees of the dangers associated with their products.
Following the ruling the flood of asbestos-related claims poured into the courts. Most of these claims were based upon the notion that employers knew the asbestos they sold their workers was dangerous, but did not warn their employees about 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 could force defendants into settlements.
The Statute of Limitations
In the majority of personal injury lawsuits there is a statute or limitations period. This is a time limit that starts when an injury occurs and continues until the plaintiff files their claim. The statute of limitations for asbestos claims is more complex than most other kinds. This is because asbestos-related illnesses tend to develop over time, with symptoms and diagnoses occurring years after exposure to the harmful substances. In this way, the "clock" in these cases usually doesn't begin until it is clear that asbestos exposure caused an injury, which is different from most other kinds of personal injuries.
This timeline is one of the main reasons why asbestos litigation differs from other personal injury lawsuits. If you want to file a mesothelioma suit or any other asbestos-related claim, you must act fast. If you put off filing your claim for too long, you might not be able avail an exception to the statute of limitations or exemption and may be denied the compensation.
The time frame for filing a claim involving asbestos depends on many factors including the state in which you were exposed and the state in which you live. Based on these factors your attorney may decide to make an asbestos-related claim in the state where the majority of your exposure occurred. This could cause confusion regarding the statute of limitations since defendants might claim that the laws of the other state should be interpreted.
It is crucial for families of victims to understand the laws of each state before starting the legal process. The applicable statute of limitations is often confusing, especially in cases where the victim and family members have lived in more than one place or even moved from state state.
A mesothelioma attorney can help you determine whether a statute of limitation exception or exemption is applicable and what the deadline to file an asbestos lawsuit in your case is. Your lawyer will collect any 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. Legal suits allow individuals to pursue justice for mesothelioma or other asbestos-related disease 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 set up these trusts tried to hide their assets by declaring bankruptcy to limit their liability in mesothelioma lawsuits. But, the courts obliged the companies to set up trusts to ensure that victims could be compensated in monetary terms.
While it is possible to make a mesothelioma-related lawsuit and also pursue compensation from an asbestos trust, those who suffer must be aware that this could be a time-consuming process. Patients with mesothelioma must work with an asbestos lawyer who has the experience to collect all the evidence and documentation required to complete both procedures. This includes providing medical and work-related records dating to many years. This can be a daunting task but your lawyer will know what to look for and how to get the information from different sources.
Depending on the asbestos trust, there are various methods for reviewing and settling claims. For instance, certain asbestos trusts have an expedited review process which settles mesothelioma claims quicker with a fixed amount of payout. Other trusts have an individual review that is conducted on a case by case basis, and may result in higher payouts. Other asbestos trusts have an "extraordinary claim" category that can combine elements from both kinds of reviews.
The main requirement for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos during the work environment of the debtor company. This can be proven by medical documents, such as imaging scans and pathology or doctor's notes. The patient must also provide proof that asbestos exposure caused their illness. Documents like invoices and employment records can be used to demonstrate this. Once the evidence is gathered, your mesothelioma lawyer can submit it to the asbestos trust per their guidelines.
Medical Experts
Medical experts are essential in establishing the link between asbestos exposure and plaintiff's illness. They can also conduct physical examinations as well as review medical records. They also review x-rays or pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise.
It is often difficult to determine the cause of asbestos-related disease since its symptoms may be similar to those of other diseases like emphysema and heart disease. Your pulmonologist may be able tell you that shortness of breathe is caused by your asbestos condition, but not the reason. Since asbestos cases are complex issues experts are required to assist juries and judges.
For example, a physician who has specialized training in the field of toxicology can be capable of establishing the connection between asbestos and certain ailments. Toxicology is the study of chemicals and their negative effects on living organisms. Another important asbestos expert is an epidemiologist, who examines the spread of diseases in particular populations. An epidemiologist can draw on their knowledge of the medical and academic fields to establish a link between exposure to asbestos and specific diseases.
Other asbestos experts include occupational health and safety specialists, who can help determine the extent of exposure to asbestos for a plaintiff. This can be done by interviewing relatives, coworkers and analyzing work-related documents like invoices, work orders delivery documents suppliers lists and so on., and testing samples taken from the plaintiff's residence or work location. Fort Smith asbestos attorneys is also possible to identify the type of asbestos - such as amosite, chrysotile, or crocidolite - by looking at samples taken from a work environment and analysing the chemical composition of the fibers.
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 could lose out on significant compensation. In the end, hiring a professional is usually a wise investment.