How to File a Lawsuit Against an Asbestos Company
The top mesothelioma lawyers have handled cases in many different areas. National law firms are the best equipped to research and identify the asbestos companies responsible for each patient’s exposure.
Victims who seek out a mesothelioma lawyer can receive compensation for medical expenses, lost earnings, and other damages from asbestos defendants. However, obtaining this compensation could take a long time.
The History of Asbestos Litigation
Asbestos is a natural mineral that was once commonly used in building and manufacturing products. This material is strong and affordable, and is resistant to heat and flames. Asbestos was widely used for its many desirable properties in industrial and commercial settings up until the 1970s which was when it was banned. In the years that followed there were thousands of people suffering from serious health complications such as mesothelioma and asbestosis, lung cancer, and other illnesses caused by exposure to this hazardous substance.
As soon New Rochelle asbestos lawyers began to realize the health risks of asbestos, many workers who developed these health issues filed lawsuits against the companies they believe exposed them to the harmful asbestos. The claims grew to become a major legal battle that has left dozens of companies bankrupt and resulted in the creation of asbestos trust funds that compensate victims.
In the past, asbestos litigation was handled a bit differently than a typical personal injury lawsuit. It involved large groups, numerous defendants and lengthy discovery. Expert witnesses were also employed. Because of the complex nature of this type of lawsuit, it is essential to choose a mesothelioma attorney who is familiar with the complexities of asbestos law and is able to better manage these cases.
One of the most significant events 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 that asbestos manufacturers were accountable for their employees who were diagnosed with asbestos-related diseases, such as mesothelioma.
After this ruling the flood of asbestos-related claims poured into the courts. Most of these claims were based on the notion that employers knew the asbestos they offered their employees was dangerous, but did not warn their employees about the risks. Lawyers who handled these cases often approached clients, organized them into groups and filed them in large numbers in order to create a legal tsunami that would oblige defendants to pay compensation.
The Statute of Limitations
In most personal injury cases there is a statute or limitations period. This is a time frame that starts the moment an injury occurs, and continues until the plaintiff files their lawsuit. The time limit for asbestos claims is more complicated than the majority of other types. This is because asbestos-related illnesses typically develop over a 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 has caused an injury, which is different from the majority of personal injuries.
This is among the main reasons why asbestos litigation differs from other personal injury lawsuits. To file a mesothelioma lawsuit or another asbestos-related claim, you must act swiftly. You might not be able to take advantage of an exemption or exception to the time limit if you wait too long.
The time frame for filing an asbestos-related case depends on many factors, including the state where you were exposed and the state in which you currently live. Based on these factors your attorney may decide to make an asbestos-related claim in the state where the majority of your exposure occurred. This can sometimes cause confusion about the statute of limitations, since defendants may argue that the law in the other state should be applicable.
Before launching the legal process, it is essential that victims and their family members are aware of the laws in each state. The applicable statute of limitation can be a bit confusing, particularly if the victim and their family members have been in more than one location or even moved from state to state.
A mesothelioma lawyer can help you determine whether an exception to the statute of limitations or exemption is appropriate and when the deadline to file a lawsuit against asbestos in your case is. Your lawyer will gather any evidence available against the defendants at fault and file your suit with the correct county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos victims have two options for compensation: lawsuits and asbestos trusts. The lawsuit process allows individuals to seek justice for their mesothelioma or other asbestos-related disease caused by negligent companies. Trust funds, on the other hand can be used for seeking financial compensation from bankruptcy asbestos businesses that went out of business due to their asbestos-related liabilities. The companies that established trust funds essentially attempted to conceal their assets by declaring bankruptcy to limit their liability in mesothelioma lawsuits. The courts forced these companies into creating these trusts in order to ensure that victims would receive monetary compensation.
Although it is possible to start a mesothelioma lawsuit and also pursue compensation from an asbestos trust, those who suffer must be aware that this could be a time-consuming process. Patients with mesothelioma should work with an asbestos attorney who is experienced to gather all of the evidence and documentation required to complete both processes. This includes supplying work and medical records dating to many years. This can be a difficult task, but your lawyer will know where to search and how to obtain it.
Depending on the asbestos trust you're dealing with, there could be different methods for settlement and reviewing claims. For instance, certain asbestos trusts have an expedited review process that settles mesothelioma cases faster with a fixed payout amount. Others have a review for each individual that is conducted on a case by case basis, and may result in higher payouts. Still, other asbestos trusts have a distinct class called "extraordinary claims," which can combine elements from both kinds of reviews.
Evidence of asbestos being present in the workplace is required to be able to claim compensation from an asbestos trust. This can be proved through medical documents such as imaging scans, pathology reports and doctor's statements. Additionally, the patient must provide proof that the asbestos exposure led to the diagnosis of their condition. This can be proven through documentation such as employment records, invoices or witness affidavits, as well as other evidence. Once the evidence has been collected by your mesothelioma lawyer, they can submit it in accordance with the asbestos trust's procedures.
Medical Experts
Medical experts are vital in establishing a connection between asbestos exposure and the plaintiff’s illness. They review medical records and may perform physical examinations. They are also asked to review x-rays or pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise.
It is often difficult to determine the cause of asbestos disease as its symptoms may be similar to those of other diseases like heart disease and emphysema. For example, your pulmonologist might be able to tell you that your breath shortness is due to your asbestos condition but not why. Expert witnesses are needed because asbestos cases are complicated.
For instance, a doctor who has received specialized training in the field of toxicology can be able to help establish the connection between asbestos and certain diseases. Toxicology is a study of chemicals, their effects on living organisms, and their toxicological properties. Another example of an important asbestos expert is an epidemiologist who investigates the spread of disease within specific populations. An epidemiologist's academic and professional background can be used to establish a link between exposure to asbestos and specific diseases.
Other asbestos experts include occupational health and safety specialists, who can help determine the exposure of a plaintiff to asbestos. This can be done through interviews with coworkers and family members, and analyzing documents from the workplace, including invoices, work orders and delivery documents, and supplier lists, and testing samples from a plaintiff's workplace and home. It is also possible to identify the kind of asbestos - such as amosite, the crocidolite or chrysotile by looking at samples taken from a workplace and by studying the chemical composition of the fibers.
Experts can be expensive and may account for a significant portion of a lawsuit's overall costs. Without the expertise of these experts they would be extremely difficult to win a case against an asbestos defendant. If the case was unsuccessful, the victim could miss out on substantial compensation. Hiring these professionals is often an investment that is worthwhile.