How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have dealt with cases in numerous jurisdictions. Firms with national law firm resources are the best to research and determine which asbestos companies are responsible for each patient's exposure.
Victims who contact mesothelioma lawyers may receive compensation for medical expenses, lost earnings and other damages incurred by asbestos defendants. The compensation may take several years to receive.
The History of Asbestos Litigation
Asbestos, a naturally occurring mineral was once widely employed in the production and construction of products. It is affordable and sturdy and is also heat-resistant and fire-proof. Asbestos was used extensively due to its numerous desirable properties in commercial and industrial settings up to the early 1970s, when it was finally prohibited. Thousands of people were affected by serious health complications such as mesothelioma and lung cancer.
When medical researchers recognized the asbestos-related health risks, many workers who suffered from health issues resulting from asbestos filed lawsuits against companies that they believed exposed them to asbestos. These claims triggered a huge legal battle that led to several companies going under. Asbestos trust funds were established to help victims.
In the past asbestos litigation was handled differently than a standard personal injury case. It included large groups, multiple defendants, and lengthy discovery. Expert witnesses were also utilized. It is essential to find mesothelioma lawyers who is able to handle these cases due to the complexity of the lawsuit.
One of the most significant moments in the history of asbestos litigation took place 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 employees who contracted asbestos-related illnesses like mesothelioma if they did not inform their employees of the dangers associated with their products.
Following the ruling an avalanche of asbestos-related claims poured into the courts. The majority of these claims were based upon the notion that employers knew the asbestos they sold their workers was dangerous, but did not inform them of the dangers. Lawyers who dealt with asbestos cases would typically seek clients out, then group them together and file them in bulk, creating a legal storm that would force defendants into settlements.
The Statute of Limitations
The majority of personal injury cases have a statute of limitations that is a time-line that begins running after an injury is sustained and continues until a plaintiff files an action. The statute of limitations for asbestos claims is more complicated than other types. This is because asbestos-related diseases generally develop over time, with symptoms and diagnoses appearing years after initial exposure to harmful substances. 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 most other kinds of personal injuries.
This timeframe is one of the primary reasons asbestos litigation is different from other personal injury lawsuits. If you want to file a mesothelioma suit or another asbestos-related claim, you must act swiftly. If you wait too long, you may not be able to avail a statute of limitations exception or exemption and could miss out on compensation.
The deadline for filing an asbestos-related lawsuit depends on a number of factors that include where you resided and where you first exposed. Based on these factors the attorney could decide to submit a claim in the state where the majority of your exposure occurred. This can sometimes cause confusion regarding the statute of limitations since defendants may argue that the law in the other state should be applied.
Before starting the legal process, it is crucial that the victim and their families are aware of the laws in every state. Especially if the victim or their family members have been employed in more than one state or even relocated between states, the applicable time limit can be confusing to comprehend.
A mesothelioma lawyer can assist you determine if an exception to the statute of limitation or exemption is available and when the deadline to file an asbestos lawsuit in your case is. Your lawyer will gather all evidence available against the defendants at fault and file your suit in the correct county court before the statute of limitations expires.
Asbestos Trusts
Asbestos victims have two options for compensation: lawsuits or asbestos trusts. Lawsuits are a way for people 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-related companies that have gone out of business due to asbestos-related liabilities. The companies set up trusts to hide their assets and limit their liability for mesothelioma suits. The courts forced these companies into creating these trusts in order to ensure that victims be compensated in monetary terms.
It is possible to file both mesothelioma lawsuits and seek compensation from an Asbestos Trust however, patients should be aware that the process may take a long duration. Patients with mesothelioma should work with an asbestos lawyer who has the experience to gather all the documentation and evidence needed to complete both procedures. This includes supplying work and medical records from years ago. Knoxville asbestos lawyers can be a difficult task, but your lawyer will know what to look for and how to get it from different sources.
Depending on the trust, there are different methods for reviewing and settling claims. Certain asbestos trusts, as an instance, offer an expedited review process that will settle mesothelioma claims faster and with an agreed-upon amount of payout. Other trusts have an individual review that is conducted on a case by case basis, and may result in higher payout amounts. Still, other asbestos trusts have a distinct category called "extraordinary claims," that can include elements from both kinds of reviews.
The most important requirement for obtaining compensation from an asbestos trust is evidence that the victim was exposed to asbestos in the course of work at the debtor company. This can be proved through medical documents, like pathology and imaging scans or doctor's notes. The patient must also provide proof that asbestos exposure caused their illness. This can be proven through documentation, such as employment records, invoices or witness affidavits, as well as other evidence. After the evidence has been gathered, your mesothelioma lawyer can submit it to the asbestos trust per their guidelines.
Medical Experts
Medical experts are essential in establishing a link between asbestos exposure and the plaintiff's illness. They can also conduct physical examinations and review medical documents. Additionally, they are often asked to look at x-rays or pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise.
Since asbestos-related symptoms can be similar to those of other diseases, including emphysema or heart disease, it can be difficult to determine the causation. Your pulmonologist might explain that your inability to breathing is a result of the asbestos condition, but not why. Expert witnesses are required because asbestos cases are incredibly complicated.
A physician with specialized training in toxicology can help establish the link between asbestos and certain illnesses. Toxicology is a study of chemicals that affect 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 educational and clinical background can be used to establish a connection between asbestos exposure and certain illnesses.
Other asbestos experts include occupational and environmental health and safety professionals who can assist in determining the extent and type of a plaintiff's exposure asbestos. This can be done by conducting interviews with co-workers and family members, and analyzing documents from the workplace such as work orders, invoices, delivery documents, and supplier lists, and testing samples from a plaintiff's workplace and home. Analyzing samples from the workplace, and by studying the chemical composition of fibers, it is possible to identify asbestos types such as amosite or chrysotile.
Experts can be costly and be a significant portion of the total costs of an action. However, without the expertise of these professionals it could be incredibly difficult to win a case against an asbestos defendant. Moreover, if the case was unsuccessful, the victim may lose a significant amount of compensation. Hiring these professionals is often an investment worth it.