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How to File a Lawsuit Against an Asbestos Company The top mesothelioma law companies have experience handling cases across a variety of jurisdictions. Those with national law firm resources are best equipped to investigate and determine which asbestos companies are responsible for the exposure of each patient. When mesothelioma patients contact a law firm, they could get compensation from asbestos defendants for medical expenses, loss of earnings, and other damages. The compensation could take many years to receive. The History of Asbestos Litigation Asbestos is a mineral that occurs naturally was once widely employed in the production and construction of goods. It is affordable and durable and is also resistant to heat and fire. Asbestos was used extensively due to its many desirable properties in commercial and industrial settings until the early 1970s, when it was finally prohibited. Many people were affected by serious health issues like mesothelioma or lung cancer. As soon as medical scientists began to realize asbestos' health risks many of the workers who suffered from these health issues filed lawsuits against the companies that they believe exposed them to the harmful asbestos. These claims triggered a huge legal fight that resulted in numerous companies going into bankruptcy. Asbestos trust funds were established to pay compensation to victims. In the past, asbestos litigation was handled differently from a standard personal injury case. It included large groups, multiple defendants and lengthy discovery. Expert witnesses were also employed. Due to the complexity of this type of lawsuit, it is essential to find a mesothelioma lawyer 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 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. This ruling stated asbestos manufacturers were accountable for their employees who were diagnosed with asbestos-related diseases such as mesothelioma. After the ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based upon the notion that employers knew the asbestos they sold their workers was hazardous, but did not warn them about the risks. Lawyers who handled these cases frequently sought out clients, then grouped them into groups and filed them in a mass order to create an legal tsunami that could force defendants to settle for compensation. The Statute of Limitations In the majority of personal injury cases there is a statute or limitations period. This is a time frame that begins when an injury occurs and continues until the plaintiff files their lawsuit. The statute of limitations for asbestos-related claims is more complex than other types. This is due to the fact that asbestos-related illnesses generally develop over a long time period, with symptoms and diagnosis appearing years after the initial exposure to the harmful material. In this way, the “clock” in these instances often doesn't start until it becomes obvious that asbestos exposure led to an injury, which is distinct from the majority of personal injuries. This lengthy timeline is a large reason why asbestos litigation is different from most other personal injury lawsuits. To file a mesothelioma lawsuit or any other asbestos-related claim, you must act fast. You might not be able to benefit from an exception or exemption to the time limit if you delay too long. The time frame for filing an asbestos-related lawsuit depends on a number of factors such as where you resided and where you first exposed. Based on these factors, your attorney might choose to file an asbestos-related claim in the state where the majority of your exposure occurred. This can cause confusion about the statute of limitation, as defendants may claim that the laws of the other state should be interpreted. Before launching the legal process, it is crucial that the victims and their family members understand the laws of every state. Particularly if the victim or their family members have worked in multiple states or even transferred between states, the law applicable to them and the time limit can 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 appropriate deadline is for filing an asbestos lawsuit in your particular case. Your lawyer will collate all evidence against the parties at fault and file your lawsuit in the appropriate county court before the statute of limitations expiring. Asbestos Trusts Asbestos victims have two options for compensation: lawsuits or asbestos trusts. 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 companies that have gone out of business due to asbestos-related liabilities. The companies that created these trusts essentially tried to hide their assets by declaring bankruptcy to reduce their liability in mesothelioma lawsuits. The courts forced these companies into creating trusts in order to ensure that victims would be compensated in monetary terms. Although Lynwood asbestos lawyers is possible to make a mesothelioma-related lawsuit and also seek compensation from an asbestos trust, patients must be aware that this could be a lengthy process. Patients with mesothelioma must work with an asbestos lawyer who has the experience to gather all of the documentation and evidence required to complete both processes. This includes providing medical and work records that go to decades. This can be a daunting task however, your lawyer will know what to look for and how to obtain it from various sources. Based on the asbestos trust, there are a variety of methods for reviewing and settling claims. Certain asbestos trusts, for instance, have an expedited review process that will settle mesothelioma claims faster and with an amount that is set for payout. Some asbestos trusts have a review process which is carried out on a case by case basis. This can result in heftier payout amounts. Other asbestos trusts have an “extraordinary claim” category that can combine elements from both types of reviews. The main requirement for obtaining compensation from an asbestos trust is proof that the victim was exposed to asbestos during the work environment of the debtor company. This can be proved through medical records, such as pathology and imaging scans or doctor's statements. In addition, the victim must prove that asbestos exposure caused 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 has been collected by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it in accordance with the asbestos trust's procedures. Medical Experts Medical experts are vital in establishing the link between asbestos exposure and the plaintiff's illness. These experts review medical records and may also perform physical examinations. Additionally they are often asked to look at x-rays or pathology reports. They must be licensed physicians with expertise or experience in their area of expertise. Because asbestos-related symptoms can be similar to those of other diseases, including emphysema or heart disease, it can be difficult to determine the cause. Your pulmonologist might to tell you that the shortness of breath is due to your asbestos condition, but not why. Expert witnesses are required since asbestos cases are complex. For example, a physician who has received specialized training in the field of toxicology is able to help establish the link between asbestos and certain ailments. Toxicology is the study of chemicals and their harmful effects on living organisms. Another important asbestos expert is an epidemiologist who studies the spread of diseases in specific populations. An epidemiologist's academic and clinical background can be used to establish a connection between exposure to asbestos and specific diseases. Other asbestos experts include occupational health and safety experts, who can help determine the extent of exposure to asbestos for a plaintiff. This is done by interviewing relatives, coworkers and analyzing work-related documents like invoices, work orders, delivery documents supplier lists, invoices and so on., and testing samples taken from the plaintiff's house or work site. By analyzing samples taken from a work environment and analyzing the chemical composition of fibers it is possible to determine asbestos types such as amosite or chrysotile. Experts can be costly and can account for the majority of the total cost of a lawsuit. However, without the knowledge of these experts they would be incredibly difficult to win a lawsuit against asbestos defendants. If the case fails, the victim may lose out on significant compensation. Employing these professionals is usually a wise investment.