How to File a Lawsuit Against an Asbestos Company
Top mesothelioma lawyers have dealt with cases in numerous areas. National law firms are best equipped to research and identify the asbestos-related companies that are responsible for each patient’s exposure.
Victims who seek out mesothelioma lawyers can get compensation for medical expenses, lost earnings and other damages from asbestos defendants. The compensation may take several years to receive.
The History of Asbestos Litigation
Asbestos is a naturally occurring mineral that was previously used in manufacturing and building products. This material is strong and inexpensive, as well as fire-proof and heat-resistant. Asbestos was extensively used due to its numerous properties that were desirable in industrial and commercial settings up to the early 1970s, after which it was banned. During that time many people suffered from serious health complications such as mesothelioma, asbestosis, lung cancer, and other illnesses caused by exposure to the dangerous substance.
As soon as medical scientists began to realize the health risks of asbestos many of the workers who suffered from these health problems filed lawsuits against the companies they believed exposed them asbestos, which is harmful to health. These claims went on to become a huge legal dispute that has made many companies insolvent and resulted in the creation of asbestos trust funds to compensate victims.
In the past asbestos litigation was handled differently than a typical personal injury lawsuit. It involved large groups, multiple defendants and lengthy discovery. Expert witnesses were also used. Because of the complex nature of this type of lawsuit, it is crucial to choose a mesothelioma attorney who is familiar with the complexities of asbestos law and is able to better handle 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 accountable for their employees who were diagnosed with asbestos-related diseases like mesothelioma.
Following this ruling, asbestos-related lawsuits began flooding the courts. The majority of these claims were based on the assumption that employers knew the asbestos they sold their workers was dangerous, but they did not warn them about the dangers. Lawyers who handled asbestos cases would often seek clients out, then group them together, and file them in bulk to create a legal storm that could oblige defendants to settle.
The Statute of Limitations
The majority of personal injury cases have a statute of limitations, which is a timeline that starts running at the time an injury occurs and continues until the claimant is able to file a lawsuit. For asbestos claims the statute of limitation is a little more complex than it is for most other kinds of cases. This is due to the fact that asbestos-related illnesses generally develop over a long period of time, with symptoms and diagnosis being discovered years after initial exposure to the toxic material. In Fort Smith asbestos lawyer " in these instances usually doesn't begin until it becomes obvious that asbestos exposure led to an injury, which is different from most other kinds of personal injuries.
This complicated timeframe is the primary reason why asbestos litigation is so different from most other personal injury lawsuits. To file a mesothelioma lawsuit or any other asbestos-related claim, you must act swiftly. You may not be able benefit from an exemption or exception to the limitation period if you wait too long.
The time frame for filing an asbestos-related lawsuit is based on several factors, including where you lived and where you first exposed. Based on the factors, your lawyer may choose to file your claim in the state where you were exposed to asbestos most. This can sometimes cause confusion regarding the statute of limitations, because defendants might claim that the law of the other state should be applicable.
Before launching the legal process, it is essential that the victim and their family members are aware of the laws of every state. Especially if the victim or their family members have worked in more than one state or even moved between states, the law applicable to them and the statute of limitations may be confusing to comprehend.
An experienced mesothelioma lawyer can assist you in determining whether a statute-of-limitations exception or exemption applies and when the correct deadline is to file an asbestos lawsuit in your specific case. Your lawyer will collect all evidence against the defendants and file your lawsuit in the proper county court prior to the statute of limitations expiring.
Asbestos Trusts
Asbestos victims can choose between two compensation options either through asbestos trusts or lawsuits. Lawsuits are a way for people to seek justice in the event that they have mesothelioma, or any other asbestos-related illness caused by negligent companies. Trust funds, however, are a means of seeking financial compensation from bankrupt asbestos companies that went out of business due to asbestos-related debts. These companies created trusts to conceal their assets and limit their liability in mesothelioma lawsuits. The courts obliged these companies to establish these trusts in order to ensure that victims be compensated in monetary terms.
While it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, victims should understand that this can be a lengthy process. It is crucial for mesothelioma patients to collaborate with an experienced asbestos attorney who can assist in gathering the required documentation and evidence to complete both procedures. This includes supplying medical and work records from decades ago. This is a daunting task but your attorney will know where to search and how to obtain it.
Depending on the trust, there are a variety of procedures for reviewing and settling claims. Certain asbestos trusts, as an instance, have an expedited review which resolves mesothelioma claims quicker and has an amount that is set for payout. Certain asbestos trusts have a review process 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 primary requirement for receiving compensation from an asbestos trust is evidence that the victim was exposed to asbestos during the course of work at the company that is in debt. This can be proved through medical records like imaging scans, pathology reports and doctor's notes. The patient should also prove that exposure to asbestos triggered their illness. This can be proved by submitting documentation like invoices, employment records and witness affidavits as well as other evidence. Once the proof has been gathered your mesothelioma lawyer is able to submit it to the asbestos trust per their protocols.
Medical Experts
Medical experts are vital in establishing the connection between asbestos exposure and plaintiff's disease. These experts can also conduct physical examinations and evaluate medical documents. Additionally, they are often asked to examine x-rays and pathology reports. They must be licensed doctors with knowledge of, or experience in their areas of expertise.
It can be difficult to determine the root cause of asbestos disease because its symptoms may be similar to those of other ailments like emphysema and heart disease. For instance, your pulmonologist might be able to inform you that your shortness of breath is due to your asbestos condition, but not what the reason. Because asbestos cases involve complex issues, expert witnesses are needed to aid juries and judges.
A doctor with specialized training in toxicology can help establish the link between asbestos and certain diseases. Toxicology is the study of chemicals, their effects on living organisms and their toxicological properties. An epidemiologist is a specialist in asbestos, who studies the spread and impact of certain diseases on particular populations. An epidemiologist's academic and clinical background can be used to establish a link between exposure to asbestos and certain illnesses.
Other asbestos experts include occupational and environmental health and safety professionals who can help determine the extent and type of a plaintiff's exposure asbestos. This can be done by conducting interviews with coworkers and family members, analyzing workplace documentation such as invoices, work orders and delivery documents, and supplier lists, and testing samples taken from a plaintiff's work and home sites. It is also possible to identify the type of asbestos such as amosite the crocidolite or chrysotile by looking at samples taken from the workplace and looking at the chemical composition of the fibers.
Experts can be expensive and can account for the majority of a lawsuit's overall costs. However, without the knowledge of these individuals, it would be extremely difficult to win a case against an asbestos defendant. If the case is unsuccessful, the victim may lose out on significant compensation. The hiring of these professionals is typically an investment that is worthwhile.