How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have handled cases in many different jurisdictions. Firms with nationwide law firm resources are the best to research and determine which asbestos-related companies are responsible for the exposure of each patient.
Victims who contact mesothelioma lawyers can get compensation for medical expenses, lost earnings and other damages from asbestos defendants. However, getting this kind of compensation can take years.
The History of Asbestos Litigation
Asbestos is a naturally occurring mineral was once extensively utilized in the manufacturing and construction of goods. This material is strong and cheap, and also heat-resistant and flame-proof. Due to its numerous attractive properties, asbestos was extensively used in industrial and commercial settings up until the 1970s when it was banned. Many thousands of people were afflicted by serious health complications such as mesothelioma and lung cancer.
As soon as medical researchers recognized the health risks associated with asbestos, many workers who suffered from health issues related to asbestos filed lawsuits against companies that they believed exposed them to asbestos. These claims went on to become a huge legal dispute that has led to the closure of many companies insolvent and led to the creation of asbestos trust funds to pay victims.
In the past asbestos litigation was handled a bit differently than the typical personal injury case. It involved large groups, multiple defendants, and lengthy discovery. Expert witnesses were also utilized. It is important to hire mesothelioma lawyers who is able to handle these cases due to the complexity of the lawsuit.
On September 10 1973 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. This ruling stated asbestos manufacturers were accountable for their employees who developed asbestos-related diseases like mesothelioma.
After this ruling the flood of asbestos-related lawsuits poured into the courts. The majority of these claims were based on the assumption that employers were aware that the asbestos they provided to their workers was a risk and did not warn them of these risks. Lawyers who dealt with asbestos cases would usually solicit clients, group them together, and file them in bulk to create a legal storm that could oblige defendants to settle.
The Statute of Limitations
Most personal injury cases have a statute of limitations which is a timeline that begins running after an injury is sustained and continues until a plaintiff decides to file a lawsuit. The statute of limitations for asbestos-related claims is more complicated than other types. This is because asbestos-related diseases generally develop over a long time period with symptoms and diagnosis being discovered years after initial exposure to the harmful material. In this way the "clock" in these cases often doesn't start until it becomes obvious that asbestos exposure caused an injury, which is distinct from other types of personal injuries.
This lengthy timeframe is the primary reason why asbestos litigation is so different from most other personal injury lawsuits. If you want to file a mesothelioma suit or other asbestos-related claim you must act swiftly. You may not be able to benefit from an exemption or exception to the time limit if you delay too long.
The deadline for filing an asbestos-related lawsuit depends on various factors such as where you resided and where you first exposed. Based on these factors the attorney could decide to make a claim in the state where most of your exposure occurred. This could cause confusion regarding the statute of limitations because defendants could argue that the laws in the other state should be interpreted.
It is crucial for the family members of victims to know the laws of each state before beginning the legal process. Especially if the victim or family members been employed in multiple states or even moved between states, the applicable statute of limitations may be difficult to understand.
A mesothelioma lawyer can assist you determine whether an exception to the statute of limitation or exemption is applicable and what the deadline to file an asbestos lawsuit in your case is. Your lawyer will collate all evidence against the defendants and file your lawsuit in the appropriate county court before the expiration date of the statute of limitations.
Asbestos Trusts
Asbestos victims have the option of choosing between two options for compensation which are asbestos trusts or lawsuits. The lawsuit is a means for individuals to seek justice if they have mesothelioma, or any other asbestos-related illness caused by negligent companies. Trust funds are used to seek financial compensation from asbestos companies that have been forced out of business due to asbestos-related liabilities. The companies that created these trusts tried to hide their assets by filing for bankruptcy to reduce their liability in mesothelioma lawsuits. However, the courts compelled these companies to create these trusts to ensure that victims could receive financial compensation.
While it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, those who suffer must be aware that this could be a lengthy process. Norman asbestos attorney is essential for mesothelioma patients to collaborate with an experienced asbestos attorney who can help collect the necessary documentation and evidence to complete both processes. This includes providing work and medical records dating to many years. This can be a challenging task but your attorney will know where to look and how to get it.
Based on the asbestos trust you're dealing with, there may be different ways of settlement and reviewing claims. Certain asbestos trusts, for example, have an expedited review that will settle mesothelioma claims faster and with an amount that is set for payout. Some have an individual review that is conducted on a case by case basis and can result in larger payouts. However, some asbestos trusts have a special category referred to as "extraordinary claims," which can combine elements of both kinds of reviews.
Evidence of asbestos being present in the workplace is essential for a claim to compensation from an asbestos trust. This can be proven through medical documents, like imaging scans and pathology reports or doctor's notes. The patient must be able to prove that exposure to asbestos triggered their illness. Documentation such as employment records and invoices can be used to prove this. After the evidence is collected by your mesothelioma lawyer and they are able to submit it in accordance with the asbestos trust's guidelines.
Medical Experts
Medical experts are essential in establishing the connection between asbestos exposure and the plaintiff's illness. These professionals evaluate medical records and can perform physical examinations. They also review x-rays or pathology reports. They must be licensed physicians who have experience or expertise in their field of expertise.
Because the symptoms of asbestos diseases can be similar to those of other ailments, like heart disease or emphysema, it can be difficult to determine the cause. Your pulmonologist might to tell you that the shortness of breathing is a result of your asbestos condition, but they cannot explain 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 diseases. Toxicology is the study of chemicals and their negative effects on living organisms. Another important asbestos expert is an epidemiologist, who studies the spread of diseases in particular populations. An epidemiologist can 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 health and safety specialists, who can help determine the extent of exposure to asbestos for a plaintiff. This can be accomplished through interviews with co-workers and family members, and analyzing documents from the workplace, including work orders, invoices, delivery documents and supplier lists, and analyzing samples from plaintiff's work and home sites. It is also possible to identify the asbestos type - such as amosite, the crocidolite or chrysotile by examining samples from a work environment and analysing the chemical composition of the fibers.
Experts are expensive and can be a significant portion of the overall costs of a lawsuit. Without the experience of these professionals, it would be very difficult to prevail in a lawsuit against an asbestos defendant. Moreover, if the case was unsuccessful, the victim may miss out on substantial compensation. The hiring of these professionals is typically a wise investment.