How to File a Lawsuit Against an Asbestos Company
The top mesothelioma law firms have experience handling cases in a wide range of jurisdictions. Lawyers with national resources of law firms are the best to research and determine which asbestos-related companies are responsible for each patient's exposure.
Victims who seek out mesothelioma lawyers can get compensation for medical expenses, lost earnings, and other damages from asbestos defendants. The compensation may take several years to collect.
The History of Asbestos Litigation
Asbestos is a mineral that occurs naturally was once extensively used in the manufacture and construction of products. It is durable and affordable, and is fire-proof and heat-resistant. Due to its many desirable attributes, asbestos was frequently used in industrial and commercial settings until the 1970s when it was finally banned. During that time there were thousands of people suffering from serious health complications such as mesothelioma and asbestosis, lung cancer, and other diseases caused by exposure to this hazardous substance.
When medical researchers realized the asbestos-related health risks, 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 major legal dispute that has made many companies insolvent and led to the creation of asbestos trust funds to compensate victims.
In the past, asbestos litigation was handled a bit differently than the typical personal injury case. It involved large groups of plaintiffs, multiple defendants, lengthy discovery, and the use of expert witnesses. It is important to hire mesothelioma lawyers who is able to handle these cases due to the complexity of the lawsuit.
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 ruling said that asbestos producers were accountable if their employees suffered from asbestos-related illnesses such as mesothelioma.
After the ruling, asbestos-related lawsuits flooded 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 dangerous and did not warn them of these risks. Lawyers who handled asbestos cases would often solicit clients, group them together, and file them in large quantities to create a legal storm that could force defendants into settlements.
The Statute of Limitations
In most personal injury cases, there is a statute of limitations period. This is a period of time that starts the moment an injury occurs, and continues until the claimant files their lawsuit. For asbestos-related lawsuits the statute of limitations is a little more complex than it is for other kinds of cases. This is because asbestos-related illnesses generally develop over a long period of time, with symptoms and diagnosis appearing years after the initial exposure to the toxic material. In other words the "clock" in these cases usually doesn't begin until it becomes obvious that asbestos exposure led to an injury, which is distinct from most other kinds of personal injuries.
This complicated timeline is one of the main reasons why asbestos litigation is so different from other personal injury lawsuits. It is imperative to act quickly if you want to file a mesothelioma claim or other asbestos-related claims. Cape Coral asbestos lawyer may not be able benefit from an exemption or exception to the limitation period if you put off filing a claim for too long.
The time frame for filing an asbestos-related case is based on a variety of factors including the state in which you were exposed and the state in which you currently live. Based on these factors your attorney may decide to submit an asbestos-related claim in the state where most 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 apply.
It is essential for families of victims to know the laws of each state prior to starting the legal process. Especially if the victim or their family members have worked in more than one state or even relocated between states, the applicable statute of limitations may be difficult to understand.
A knowledgeable mesothelioma lawyer will help you determine whether a statute of limitations exemption or exception is applicable and what the proper date is for filing an asbestos lawsuit in your specific case. Your lawyer will collect any available evidence against the at-fault parties and file your suit with the appropriate county court before the statute of limitations runs out.
Asbestos Trusts
Asbestos sufferers can choose between two compensation options either through asbestos trusts or lawsuits. Lawsuits allow people to seek justice for mesothelioma, or another asbestos-related disease caused by negligent businesses. 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 that set up trust funds essentially attempted to hide their assets by filing for bankruptcy in order to limit their liability in mesothelioma lawsuits. However, the courts compelled these companies to create these trusts to ensure that victims receive financial compensation.
While 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 procedure. Patients with mesothelioma must work with an asbestos attorney who has the experience to collect all the documentation and evidence required to complete both processes. This includes providing medical and work records dating back decades ago. This can be a difficult task but your lawyer will know what to look for and how to get it from various sources.
Depending on which asbestos trust you are dealing with, there could be different ways of settling and reviewing claims. Some asbestos trusts, for example, have an expedited review which settles mesothelioma claim faster with a set payout amount. Some have an individual review process that is handled on a case-by-case basis and could result in larger payouts. However, some asbestos trusts have a special class called "extraordinary claims" which may combine elements of both kinds of reviews.
The primary condition for receiving compensation from an asbestos trust is evidence that the victim was exposed to asbestos during the work environment of the debtor company. This can be proven through medical documents like imaging scans, pathology reports and doctor's statements. In addition, the victim must prove that the asbestos exposure was responsible for the diagnosis of their condition. Documentation such as invoices and records of employment can be used to demonstrate this. Once the proof has been obtained the mesothelioma lawyer will send it to the asbestos trust in accordance with their protocols.
Medical Experts
Medical experts are crucial in establishing the connection between asbestos exposure and plaintiff's illness. They can also conduct physical examinations and review medical documents. Additionally, they are often asked to look over x-rays and pathology reports. They must be licensed doctors with knowledge of, or expertise in their fields of expertise.
Because asbestos-related symptoms may be similar to symptoms of other ailments, like heart disease or emphysema, it can be difficult to determine the cause. Your pulmonologist might explain that your inability to breathe is caused by your asbestos-related condition, but they cannot explain why. Because asbestos cases involve complex topics expert witnesses are required to assist judges and juries.
For instance, a doctor who has specialized training in the field of toxicology is competent to establish the connection between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful effects on living organisms. Another important asbestos expert is an epidemiologist, who investigates the spread of disease in particular populations. An epidemiologist may use their experience in the field of medicine and academics to establish a connection between exposure to asbestos and specific diseases.
Other asbestos experts include occupational and environmental health and safety professionals who can assist in determining the type and extent of a plaintiff's exposure asbestos. This is done by interviewing relatives, coworkers, and analyzing workplace documents such as invoices and work orders, delivery documents, supplier lists and so on. Also, testing samples taken from the plaintiff's home or work site. It is also possible to determine the kind of asbestos - such as amosite, crocidolite, or chrysotile by looking at samples taken from a work environment and looking at the chemical composition of the fibers.
Experts can be costly and can account for a significant portion of the overall cost for a lawsuit. However, without the knowledge of these individuals they would be incredibly difficult to prevail in a lawsuit against an asbestos defendant. In addition, if the lawsuit was unsuccessful, the victim could lose a significant amount of compensation. In the end, hiring these professionals is usually a wise investment.