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 equipped to investigate and determine which asbestos companies are responsible for the exposure of each patient.
When mesothelioma patients contact a law firm, they can get compensation from asbestos defendants for medical expenses, loss of earnings, and other damages. However, obtaining this compensation could take a long time.
The History of Asbestos Litigation
Asbestos, a naturally occurring mineral, was once widely used in the manufacture and construction of goods. It is affordable and strong, as well as heat-resistant and fire-proof. Asbestos was extensively used due to its many desirable properties in industrial and commercial settings up until the 1970s, after which it was banned. During that time many people suffered from serious health issues such as mesothelioma, asbestosis, lung cancer and other diseases caused by exposure to this hazardous substance.
As soon as medical scientists began to realize asbestos's health risks many of the workers who suffered from these health problems filed lawsuits against the companies that they believed exposed them the harmful asbestos. These lawsuits went on to become a massive legal dispute that has led to the closure of numerous companies in debt 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 of plaintiffs, numerous defendants, lengthy discovery and the use of expert witnesses. It is crucial to choose mesothelioma lawyers who is able to handle these cases because of 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. The decision stated that asbestos manufacturers were liable if their employees suffered from asbestos-related illnesses, such as mesothelioma.
After this ruling, a flood of asbestos-related lawsuits poured into the courts. Most of these claims were based on the idea that employers knew that the asbestos they sold their workers was hazardous, but did not warn them about the risks. Lawyers who dealt with asbestos cases would typically solicit clients, then group them together and file in large quantities to create an unintended legal storm that would oblige defendants to settle.
The Statute of Limitations
In most personal injury cases there is a statute of limitations period. This is a period of time that begins when an injury occurs and continues until the plaintiff files their lawsuit. For asbestos-related lawsuits 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 typically develop over a period of time with symptoms and diagnosis occurring years after the initial exposure to the toxic material. The "clock" isn't set until it is clear that asbestos exposure has caused the injury. This is different than the majority of other personal injuries.
This lengthy timeline is one of the main reasons why asbestos litigation is so different from most other personal injury lawsuits. You must act quickly to file a mesothelioma claim or other asbestos-related claims. If you delay too long, you might not be able take advantage of a statute of limitations exception or exemption, and you could be denied compensation.
The deadline for filing a claim involving asbestos is contingent upon a variety of factors including the state in which you were exposed as well as where you are currently. Based on these factors the attorney could decide to submit an asbestos-related claim in the state where most of your exposure occurred. This can cause confusion about the statute of limitation, since defendants might argue that the laws in the other state should be applied.
It is essential for the family members of victims to be aware of the laws of each state before starting the legal process. The applicable statute of limitations is often confusing, especially when the victim and their family members have lived in more than one place or even moved from state state.
A mesothelioma lawyer can assist you determine whether an exception to the statute of limitation or exemption is applicable and what the deadline for filing a lawsuit against asbestos in your particular case is. Your lawyer will collate all evidence against the parties at fault and file your case in the appropriate county court before the expiration date of the statute of limitations.
Asbestos Trusts
Asbestos victims have two options to seek compensation: lawsuits and asbestos trusts. Legal suits allow victims to seek justice for their mesothelioma, or another asbestos-related disease caused by negligent companies. Trust funds however are a method of seeking financial compensation from bankruptcy asbestos companies that went out of business because of their asbestos-related debts. The companies that established these trusts tried to hide their assets by filing for bankruptcy to reduce their liability in mesothelioma lawsuits. The courts obliged these companies to establish trusts in order to ensure that victims would be compensated in monetary terms.
While it is possible to start a mesothelioma lawsuit and also seek compensation from an asbestos trust, patients should understand that this can be a lengthy process. Patients with mesothelioma should work with an asbestos lawyer who has the expertise to gather all of the documentation and evidence needed to complete both processes. This includes providing work and medical records dating back decades. This can be a difficult task but your lawyer will know what to look for and how to obtain it from various sources.
Depending on which asbestos trust you are dealing with, there could be different procedures for the settlement and review of claims. For instance, some asbestos trusts have a speedier review process which settles mesothelioma claims quicker with a fixed payout amount. Certain asbestos trusts have a review process that is conducted on a case-by case basis. This can result in higher payouts. However, some asbestos trusts have a distinct class called "extraordinary claims," that can include elements from both types of reviews.
Evidence of asbestos being present in the workplace is required to receive compensation from an asbestos trust. This can be proven through medical records, such as imaging scans and pathology reports or doctor's notes. The patient must also provide proof that exposure to asbestos triggered their illness. Documentation such as invoices and records of employment can be used to prove this. Once the evidence is obtained the mesothelioma lawyer will submit it to the asbestos trust according to their protocols.
Medical Experts
Medical experts are essential in establishing the link between asbestos exposure and plaintiff's illness. These professionals may also perform physical examinations and evaluate medical records. They are also asked to review x-rays or pathology reports. They must be licensed physicians with expertise or experience in their field of expertise.
It is often difficult to pinpoint the cause of asbestos-related disease since its symptoms are similar to those of other ailments like heart disease and emphysema. Your pulmonologist may be able explain that your inability to breathe is caused by your asbestos condition, but not why. Expert witnesses are required because asbestos cases are incredibly complicated.
A doctor with specialized training in toxicology can assist in establishing the link between asbestos and certain diseases. Toxicology is a study of chemicals that affect living organisms and their toxicological properties. Another instance of an important asbestos expert is an epidemiologist who investigates the spread of disease in specific populations. An epidemiologist's academic and professional background can be used to establish a connection between asbestos exposure and certain illnesses.
Other asbestos experts include occupational health and safety specialists who can help determine the exposure of a plaintiff to asbestos. This can be accomplished through interviews with family and coworkers members, analyzing workplace documentation, including invoices, work orders, delivery documents, and supplier lists, and analyzing samples from plaintiff's home and work sites. Through Indianapolis asbestos attorneys of samples taken from a work environment, and by studying the chemical makeup of the fibers it is possible to determine asbestos types such as amosite or chrysotile.
Experts can be expensive and can account for an important portion of a lawsuit's overall costs. However, without the expertise of these professionals it could be incredibly difficult to prevail in a lawsuit against asbestos defendants. If the case fails, the victim may be denied a substantial amount of compensation. In the end, hiring a professional is generally a wise investment.