How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have dealt with cases in numerous jurisdictions. Lawyers with nationwide law firm resources are best suited to investigate and determine which asbestos-related companies are responsible for each patient's exposure.
Victims who contact mesothelioma lawyers can get compensation for medical expenses, lost earnings and other damages incurred by asbestos defendants. However, getting this compensation may take years.
The History of Asbestos Litigation
Asbestos is a naturally occurring mineral that was once commonly used in manufacturing and building products. This material is strong and cheap, and also resistant to heat and flames. Due to its numerous desirable attributes, asbestos was frequently used in industrial and commercial settings up until the 1970s when it was banned. In the years that followed, thousands of people suffered from serious health issues such as mesothelioma and asbestosis, lung cancer and other illnesses caused by exposure to this dangerous substance.
When medical researchers realized the dangers to health 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 led to a massive legal battle that led to several companies going under. Asbestos trust funds were created to compensate victims.
In the past asbestos litigation was handled differently from a typical personal injury lawsuit. It included large groups, multiple defendants and lengthy discovery. Expert witnesses were also utilized. Because of the complicated nature of this type of lawsuit, it is essential to hire a mesothelioma attorney who understands the intricacies of asbestos law and is able to better handle these cases.
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 moment in the history of asbestos lawsuits. This ruling stated asbestos manufacturers were accountable if their employees were diagnosed with asbestos-related diseases such as mesothelioma.
Following this ruling, asbestos-related lawsuits began flooding the courts. The majority of these claims were based on the assumption that employers knew that the asbestos they offered to their workers was a risk and failed to warn them of these risks. Lawyers who handled these cases often approached clients, organized them into groups and filed them in bulk in order to create an unintended legal tsunami that would make defendants pay compensation.
The Statute of Limitations
The majority of personal injury cases have a statute of limitations, which is a timeline that starts running when an injury occurs and continues until the claimant is able to file a lawsuit. The statute of limitations for asbestos-related claims is more complicated than most other types. This is because asbestos-related diseases tend to develop over time with symptoms and diagnoses appearing years after initial exposure to toxic substances. The "clock" isn't set until it is determined that asbestos exposure caused the injury. This is different from most other types of personal injuries.
This timeline is one of the main reasons asbestos litigation is different from other personal injury lawsuits. You must act swiftly to file a mesothelioma case or other asbestos-related claims. You may not be able take advantage of an exemption or exception to the statute of limitations if you put off filing a claim for too long.
The time limit to file an asbestos-related lawsuit is based on several factors such as where you resided and where you were first exposed. Based on the circumstances your lawyer might decide to make the claim in the state where you were exposed to asbestos the most. This can cause confusion about the statute of limitation, since defendants might argue that the laws in the other state should be interpreted.
Before starting the legal process, it is essential that the victim and their families 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 relocated between states, the law applicable to them and the statute of limitations can be difficult to comprehend.
A knowledgeable mesothelioma lawyer will help you determine if a statute of limitations exception or exemption applies and when the correct deadline is to file an asbestos lawsuit in your particular case. Your lawyer will collect any evidence available against the parties at fault and file your lawsuit in the correct county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos victims have two options for compensation: lawsuits or asbestos trusts. Lawsuits are a way for people to seek justice in the event that they suffer from mesothelioma, or any other asbestos-related diseases caused by negligent businesses. Trust funds on the other hand, are a means of seeking financial compensation from bankrupt asbestos companies that have gone out of business due to asbestos-related liabilities. The companies that created these trusts tried to hide their assets by filing for bankruptcy in order to limit their liability in mesothelioma lawsuits. However, the courts compelled the companies to set up trusts to ensure that victims receive financial compensation.
Although it is possible to file a mesothelioma lawsuit and also seek compensation from an asbestos trust, victims must be aware that this could be a time-consuming 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 procedures. This includes providing medical and work records that go back decades. This can be a difficult task however, your attorney will know where to search and how to obtain it.
Depending on the asbestos trust you're dealing with, there could be different ways of the settlement and review of claims. For example, some asbestos trusts have a speedier review process that settles mesothelioma cases faster with a fixed payout. Some asbestos trusts have a review process that is done on a case by case basis. This can result in larger payout amounts. Still, other asbestos trusts have a distinct class called "extraordinary claims," that can include elements of both kinds of reviews.
Proof that asbestos was present in the workplace is essential for a claim to compensation from an asbestos trust. This can be proved through medical documents, such as imaging scans and pathology reports, or physician statements. The patient must also provide proof that asbestos exposure caused their illness. Documentation such as employment records and invoices can be used to show this. After the evidence has been taken by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it according to the asbestos trust's procedures.
Medical Experts
Medical experts are essential in establishing a link between asbestos exposure and the plaintiff’s illness. These experts review medical records and may perform physical examinations. Additionally, they are often asked to look at x-rays or pathology reports. They must be licensed doctors with expertise or experience in their field of expertise.
Since asbestos-related symptoms may be similar to symptoms of other conditions, such as heart disease or emphysema it can be difficult to determine the causation. Your pulmonologist may be able explain that your inability to breathe is caused by the asbestos condition, but not the reason. Expert witnesses are required because asbestos cases are complex.
Fort Myers asbestos attorney with specialized training in toxicology can assist in establishing an association between asbestos and certain illnesses. Toxicology is the study of chemicals and their effects on living organisms and their toxicological properties. An epidemiologist is an expert in asbestos, who studies the spread and impact of diseases on specific populations. An epidemiologist may use his or her academic and clinical background to establish a connection between exposure to asbestos and a variety of illnesses.
Other asbestos experts include occupational and environmental health and safety experts who can help determine the extent and type of a plaintiff's exposure to asbestos. This can be accomplished through interviews with family and coworkers members, and analyzing documents from the workplace, including invoices, work orders and delivery documents and supplier lists and analyzing samples from plaintiff's workplace and home. It is also possible to identify the asbestos type like amosite, crocidolite, or chrysotile by looking at samples taken from the workplace and studying the chemical composition of the fibers.
Experts can be expensive and can account for the majority of the overall cost for a lawsuit. But, without the experience of these experts, it would be extremely difficult to win a case against asbestos defendants. If the case was unsuccessful, the victim could miss out on substantial compensation. The hiring of these professionals is typically a wise investment.