How to File a Lawsuit Against an Asbestos Company
Top mesothelioma lawyers have dealt with cases in numerous jurisdictions. National law firms are the best equipped to investigate and determine the asbestos companies responsible for each patient's exposure.
Victims who seek out mesothelioma lawyers can get 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 employed in the production and construction of goods. This mineral is extremely durable and inexpensive, as well as fire-proof and heat-resistant. Due to its numerous attractive attributes, asbestos was frequently used in industrial and commercial settings until the 1970s when it was banned. In the years that followed there were thousands of people suffering from serious health complications such as mesothelioma, asbestosis, lung cancer and other diseases caused by exposure to this dangerous substance.
As soon as medical researchers recognized the health risks associated with asbestos many of the workers who suffered from these health problems filed lawsuits against the companies they believed exposed them to asbestos. Lorain asbestos attorneys triggered a huge legal fight that resulted in several companies going under. Asbestos trust funds were established to help victims.
In the past, asbestos litigation was handled a bit 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 essential to find 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. This ruling stated asbestos manufacturers were accountable if their employees suffered from asbestos-related illnesses, such as mesothelioma.
After this ruling, asbestos-related lawsuits flooded the courts. Most of these claims were based upon the notion that employers knew the asbestos they offered their employees was dangerous, but did not inform them of the dangers. Lawyers who handled asbestos cases would often seek clients out, then group them together and file them in bulk, creating an unintended legal storm that would make defendants agree to settlements.
The Statute of Limitations
Most personal injury cases have a statute of limitations that is a time-line that starts running when an injury occurs and continues until a plaintiff files a lawsuit. For asbestos-related claims the statute of limitation is a little more complex than it is for other types of cases. This is because asbestos-related diseases generally develop over a long time period, with symptoms and diagnosis occurring years after the initial exposure to the toxic material. The "clock" doesn't begin until it is determined that asbestos exposure is the cause of the injury. This is distinct from many other types of personal injuries.
This timeline is one of the main reasons why asbestos litigation differs from other personal injury lawsuits. You must act swiftly to file a mesothelioma lawsuit or other asbestos-related claims. You might not be able to take advantage of an exception or exemption to the time limit if you put off filing a claim for too long.
The time frame for filing a claim involving asbestos is contingent upon a variety of factors, including the state where you were exposed and where you currently live. Based on these factors, your attorney might choose to submit an asbestos-related claim in the state where the majority of your exposure occurred. This could cause confusion regarding the statute of limitation, since defendants might argue that the laws in the other state should be applied.
It is important for families of victims to know the laws of each state prior to beginning the legal process. The statute of limitations applicable to each state can be confusing, especially if the victim and their family members have been in more than one place or even moved from state to state.
An experienced mesothelioma lawyer can help you determine if a statute of limitations exemption or exception applies and what the appropriate date is for filing an asbestos lawsuit in your particular case. Your lawyer will gather any evidence that is available against the defendants at fault and file your suit with the correct county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos victims have two options for compensation: lawsuits and asbestos trusts. Legal suits allow individuals to seek justice for their mesothelioma or 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 due to asbestos-related liabilities. The companies set up trusts to hide their assets and limit their liability in mesothelioma lawsuits. The courts forced these companies to create these trusts in order to ensure that victims would receive financial compensation.
Although it is possible to start a mesothelioma lawsuit and also pursue compensation from an asbestos trust, patients should be aware that this can be a lengthy process. Patients suffering from mesothelioma should consult with an asbestos lawyer who is experienced to gather all the documentation and evidence needed to complete both processes. This includes supplying medical and work records dating back decades ago. This is a daunting task but your attorney will know where to look and how to obtain it.
Based on the asbestos trust you are dealing with, there could be different procedures for the settlement and review of claims. For instance, some asbestos trusts have an expedited review process that settles mesothelioma claims faster with a fixed payout. Certain asbestos trusts have a review procedure that is done on a case-by case basis. This could result in heftier payout amounts. Still, other asbestos trusts have a distinct category called "extraordinary claims" which may combine elements from both kinds of reviews.
The most important requirement for obtaining 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, like imaging scans and pathology reports or doctor's statements. The patient should also prove that exposure to asbestos triggered their illness. Documents like invoices and records of employment can be used to demonstrate this. Once the evidence has been taken by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it in accordance with the asbestos trust's protocols.
Medical Experts
Medical experts are vital in establishing the connection between asbestos exposure and the plaintiff's disease. They review medical records and can perform physical examinations. They also examine x-rays and pathology reports. They must be licensed physicians with expertise or experience in their area of expertise.
Because 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 may be able to tell you that your shortness of breath is related to your asbestos condition, but is not able to explain why. Since asbestos cases are complex issues expert witnesses are required to aid juries and judges.
For instance, a doctor who has received specialized training in the field of toxicology is able to help establish the connection between asbestos and certain illnesses. Toxicology is a study of chemicals and their effects on living organisms, and their toxicological properties. An epidemiologist is another expert in asbestos who investigates the spread and impact of diseases on specific populations. An epidemiologist's academic and professional background can be used to establish a connection between exposure to asbestos and certain diseases.
Other asbestos experts include occupational health and safety specialists who can help determine a plaintiff's asbestos exposure. This can be done through interviews with family and coworkers members, as well as analyzing documentation from the workplace, including invoices, work orders, delivery documents, and supplier lists, and analyzing samples from plaintiff's work and home sites. It is also possible to identify the type of asbestos - such as amosite, crocidolite, or chrysotile by looking at samples taken from the workplace and looking at the chemical composition of the fibers.
Experts can be costly and make up a significant part of the overall costs of an action. Without the experience of these people, it would be very difficult to win a case against asbestos defendants. If the case was unsuccessful, the victim may miss out on substantial compensation. In the end, hiring these professionals is usually a good investment.