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How to File a Lawsuit Against an Asbestos Company The top mesothelioma law firms have experience handling cases in a wide range of jurisdictions. Marietta asbestos attorney are best equipped to research and identify the asbestos companies responsible for each patient's exposure. If mesothelioma victims contact a law firm, they may receive compensation from liable asbestos defendants for medical expenses, loss of earnings, and other damages. The compensation may take several years to collect. The History of Asbestos Litigation Asbestos is a naturally occurring mineral that was once widely used in building and manufacturing products. This mineral is extremely durable and inexpensive, as well as resistant to heat and flames. Asbestos was used extensively due to its numerous desirable properties in commercial and industrial settings until the 1970s, when it was finally prohibited. During that time many people suffered from serious health complications such as mesothelioma and asbestosis, lung cancer and other illnesses caused by exposure to this hazardous substance. As soon as medical researchers began to realize the health risks of asbestos many of the workers who suffered from these health problems filed lawsuits against the companies they believed exposed them to asbestos, which is harmful to health. These claims led to a massive legal fight that resulted in numerous companies going into bankruptcy. Trust funds for asbestos were established to help victims. In the past asbestos litigation was handled a bit differently than a typical personal injury lawsuit. It involved large groups, multiple defendants, and lengthy discovery. Expert witnesses were also used. It is important to hire a mesothelioma lawyer who is able to handle these cases because of the complexity of the lawsuit. One of the most significant events in the history of asbestos litigation occurred 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 decision ruled that asbestos producers were responsible for injuries to employees who contracted asbestos-related illnesses, such as mesothelioma, if they did not inform their employees about the dangers associated with their products. After this ruling the flood of asbestos-related claims came into the courts. The majority of these claims were based upon the assumption that employers knew that the asbestos they offered to their employees was hazardous and did not warn them of the risks. Lawyers who handled these cases typically sought out clients, then grouped them into groups and filed them in large numbers in order to create an unintended legal tsunami that would oblige defendants to pay compensation. The Statute of Limitations The majority of personal injury cases have a statute of limitations that is a time-line that begins running at the time an injury occurs and continues until the claimant is able to file a lawsuit. The time limit for asbestos claims is more complicated than most other kinds. This is due to the fact that asbestos-related diseases generally develop over time with symptoms and diagnoses appearing years after exposure to the toxic material. In this way, the “clock” in these instances often doesn't start until it becomes obvious that asbestos exposure has caused an injury, which is distinct from most other kinds of personal injuries. This complicated timeframe is the primary reason why asbestos litigation is different from other personal injury lawsuits. You must act quickly to file a mesothelioma lawsuit or other asbestos-related claims. If you wait too long, you could not be able benefit from an exception to the statute of limitations or exemption and may not receive compensation. The time limit to file an asbestos-related suit is contingent upon various factors, including where you lived and the place you were first exposed. Based on the factors your lawyer can decide to file your claim in the state that you were exposed to asbestos most. This could cause confusion regarding the statute of limitations, as defendants may claim that the laws of the other state should be applied. It is essential for victims and their families to understand the laws of each state prior to beginning the legal process. The statute of limitations applicable to each state can be confusing, especially if the victim and their family members have lived in more than one place or even moved from state to state. A knowledgeable mesothelioma lawyer will help you determine whether a statute of limitations exemption or exception is applicable and what the proper deadline to file an asbestos lawsuit in your particular case. Your lawyer will gather any available evidence against the defendants at fault and file your lawsuit with the appropriate county court before the statute of limitations runs out. Asbestos Trusts Asbestos victims have two options for compensation: lawsuits or asbestos trusts. Legal actions allow people to seek justice if they suffer from mesothelioma or any other asbestos-related diseases caused by negligent companies. Trust funds however, are a means of seeking financial compensation from bankruptcy asbestos companies that went out of business due to asbestos-related debts. The companies set up trusts to conceal their assets and reduce their liability in mesothelioma lawsuits. However, the courts compelled the companies to establish these trusts to ensure that victims receive monetary compensation. Although it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, victims must be aware that this could be a time-consuming process. It is essential for mesothelioma patients to work with an experienced asbestos attorney who can help collect the necessary documentation and evidence to complete both processes. This includes providing work and medical records dating to many years. This can be a difficult task but your lawyer will know what to look for and how to get the information from different sources. Based on the asbestos trust, there are a variety of methods for reviewing and settling claims. For example, some asbestos trusts have a speedier review process which settles mesothelioma claims quicker with a fixed amount of payout. Certain asbestos trusts have a review process that is conducted on a case-by case basis. This can result in heftier payout amounts. Other asbestos trusts have an “extraordinary claim” category that allows for the combination of elements from both types of reviews. The evidence of asbestos' presence in the workplace is required to receive compensation from an asbestos trust. This can be proven through medical records like imaging scans, pathology reports and physician statements. In addition, the victim must provide proof that the asbestos exposure caused the diagnosis of their condition. Documentation such as employment records and invoices can be used to prove this. After the evidence has been obtained the mesothelioma lawyer will send it to the asbestos trust per their protocols. Medical Experts Medical experts are essential in establishing the connection between asbestos exposure and the plaintiff's health. These experts review medical records and may perform physical examinations. Additionally they are often required to examine x-rays and pathology reports. They must be licensed physicians who have knowledge of, or expertise in their areas of expertise. It is often difficult to determine the root cause of asbestos disease because its symptoms can be similar to other ailments like heart disease and emphysema. Your pulmonologist may be able tell you that shortness of breath is due to your asbestos-related condition, but not the reason. Since asbestos cases are complex topics experts are required to assist judges and juries. A doctor with specialized training in toxicology can help establish the link between asbestos and certain diseases. Toxicology is a study of chemicals, their effects on living organisms, and their toxicological properties. Another instance 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 professionals, who can help determine the extent of exposure to asbestos for a plaintiff. This is done by interviewing family members, coworkers and analyzing documents from the workplace like invoices or work orders delivery documents, supplier lists etc., and testing samples taken from the plaintiff's house or work place. Analyzing samples from the workplace and studying the chemical composition of the fibers, it is possible to identify asbestos types like amosite or chrysotile. Experts can be costly and may account for an important portion of the overall cost for a lawsuit. Without the expertise of these experts it could be extremely difficult to prevail in a lawsuit against asbestos defendants. If the case is unsuccessful, the victim may be denied a substantial amount of compensation. Employing these professionals is usually an investment worth it.