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How to File a Lawsuit Against an Asbestos Company Top mesothelioma lawyers dealt with cases in numerous areas. National law firms are the best equipped to investigate and determine the asbestos-related companies that are accountable for each patient's exposure. When mesothelioma patients contact a law firm, they could receive compensation from liable asbestos defendants for medical expenses and loss of earnings and other damages. However, getting this kind of compensation can take years. The History of Asbestos Litigation Asbestos is a mineral that occurs naturally was once extensively utilized in the manufacturing and construction of goods. This mineral is extremely durable and affordable, and is heat-resistant and flame-proof. Due to its numerous desirable attributes, asbestos was frequently used in industrial and commercial settings until the early 1970s when it was banned. Many people were affected by serious health complications such as mesothelioma and lung cancer. As soon as medical researchers began to recognize asbestos' health risks and asbestos-related illnesses, a lot of workers who had the health issues complained against the companies that they believed exposed them the harmful 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 a bit differently than a typical personal injury case. It involved large groups, numerous defendants and lengthy discovery. Expert witnesses were also utilized. Because of the complex nature of this type of lawsuit, it is essential to hire a mesothelioma attorney who understands the intricacies of asbestos law and can better manage these cases. One of the most significant moments in the history of asbestos litigation was 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. Anaheim asbestos lawsuits stated asbestos manufacturers were liable for injuries suffered by those who suffered from asbestos-related diseases like mesothelioma in the event that they failed to warn their employees of the dangers associated with their products. Following this ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based upon the idea that employers knew that the asbestos they offered their employees was dangerous, but did not warn them about the 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 force defendants to settle for compensation. The Statute of Limitations In most personal injury cases there is a statute or limitations period. This is a time limit that begins the moment an injury occurs, and continues until the plaintiff files their claim. The statute of limitations for asbestos claims is more complex than most other types. 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 harmful material. In this way, the “clock” in these instances is usually not set until it is evident that asbestos exposure led to an injury, which is different from most other kinds of personal injuries. This lengthy timeline is a large reason why asbestos litigation is different from most other personal injury lawsuits. You must act swiftly to file a mesothelioma lawsuit or other asbestos-related claims. You may not be able benefit from an exception or exemption to the time limit if you wait too long. The deadline for filing an asbestos-related claim depends on many factors such as the state in which you were exposed as well as where you currently live. Depending on these variables the attorney could decide to make a claim in the state where most of your exposure occurred. This can sometimes cause confusion over the statute of limitations because defendants might argue that the law in the other state should be applied. It is essential for families of victims to understand the laws of each state before starting the legal process. The statute of limitations applicable to each state can be confusing, especially when the victim and their family members have been in multiple places or even moved from state to state. A mesothelioma lawyer can assist you determine whether an exception to the statute of limitations or exemption is appropriate and what the deadline to file a lawsuit against asbestos in your case is. Your lawyer will gather all evidence against the parties responsible and file your claim in the proper county court prior to the expiration date of the statute of limitations. Asbestos Trusts Asbestos victims can choose between two options for compensation either through asbestos trusts or lawsuits. Lawsuits are a way for individuals to seek justice if they suffer from mesothelioma or any other asbestos-related illness caused by negligent companies. Trust funds, on the other hand, are a means of seeking financial compensation from bankrupt asbestos businesses that went out of business because of their asbestos-related liabilities. These companies created trusts to hide their assets and reduce their liability for mesothelioma suits. The courts forced these companies into creating trusts to ensure that victims would receive monetary compensation. It is possible to file a mesothelioma suit and pursue compensation from an Asbestos Trust but patients must be aware that the process may take a long time. It is vital for mesothelioma sufferers to work with an experienced asbestos lawyer, who can help gather the necessary evidence and documentation to complete both processes. This includes supplying medical and work records that go back decades. This can be a daunting task however, your lawyer will know what to look for and how to obtain the information from different sources. Depending on the asbestos trust you're working with, there could be different methods for settlement and reviewing claims. For instance, certain 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 could result in heftier payout amounts. However, some asbestos trusts have a special category referred to as “extraordinary claims,” which can combine elements from both types of reviews. Evidence of asbestos being present in the workplace is essential to receive compensation from an asbestos trust. This can be proved through medical documents like pathology reports, imaging scans and doctor's notes. Additionally, the patient must prove that asbestos exposure was responsible for the diagnosis of their illness. This can be proven through documentation, such as invoices, employment records and witness affidavits as well as other evidence. Once the evidence is collected, your mesothelioma lawyer can submit it to the asbestos trust per their protocols. Medical Experts Medical experts are vital to establishing the connection between asbestos exposure and the plaintiff's health. These experts review medical records and may perform physical examinations. They are also asked to examine x-rays and pathology reports. They must be licensed physicians with expertise or experience in their field of expertise. Since asbestos-related symptoms can mimic those of many other diseases, including emphysema or heart disease, determining causation can be difficult. Your pulmonologist could tell you that shortness of breathing is a result of your asbestos-related condition, but not the reason. Since asbestos cases are complex subjects expert witnesses are required to assist juries and judges. A specialist doctor in toxicology can help establish the link between asbestos and certain illnesses. Toxicology is the study of chemicals, their effects on living organisms, and their toxicological properties. Another instance of an important asbestos expert is an epidemiologist who examines the spread of diseases within specific populations. An epidemiologist's academic and professional background can be used to establish a connection between exposure to asbestos and certain diseases. Other asbestos experts include occupational and environmental health and safety experts who can help determine the nature and extent of a plaintiff's exposure to asbestos. This is done by interviewing relatives, coworkers and analyzing documents from the workplace like invoices or work orders, delivery documents suppliers lists etc. Also, testing samples taken from the plaintiff's home or work location. Analyzing samples from a work environment, and by studying the chemical composition of the fibers, it is possible to distinguish asbestos types like amosite or chrysotile. Experts are costly and could make up a significant part of the overall costs of a lawsuit. Without the experience of these experts they would be extremely difficult to win a case against an asbestos defendant. In addition, if the lawsuit was unsuccessful, the victim could lose a significant amount of compensation. Employing these professionals is usually a wise investment.