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How to File a Lawsuit Against an Asbestos Company The top mesothelioma lawyers have dealt with cases in numerous jurisdictions. The national law firms are better equipped to analyze and identify the asbestos companies accountable for each patient's exposure. When victims contact a mesothelioma law firm, they may get compensation from asbestos defendants for medical expenses, loss of earnings, and other damages. However, obtaining this kind of compensation can take years. The History of Asbestos Litigation Asbestos is a naturally occurring mineral that was once commonly used in building and manufacturing products. It is durable and inexpensive, as well as resistant to heat and flames. Due to its many desirable characteristics, asbestos was widely employed in commercial and industrial settings until the early 1970s when it was finally banned. In the years that followed there were thousands of people suffering from serious health problems like mesothelioma, asbestosis, lung cancer and other illnesses caused by exposure to the dangerous substance. As soon as medical researchers recognized the health risks associated with asbestos many of the workers who suffered from health issues related to asbestos filed lawsuits against companies that they believed exposed them to asbestos. These claims led to a massive legal battle that led to numerous companies going into bankruptcy. Asbestos trust funds were established to compensate victims. In the past, asbestos litigation was handled differently than a typical personal injury lawsuit. It involved large groups, multiple defendants and lengthy discovery. Expert witnesses were also used. Due to the complexity of this type of lawsuit, it is imperative to choose a mesothelioma attorney who understands the intricacies of asbestos law and is able to better deal with these cases. On September 10, 1973, the United States Court of Appeals of the Fifth Circuit released its decision in Borel v. Fibreboard Paper Products Corporation. This was a significant day in the history of asbestos lawsuits. The ruling said that asbestos producers were accountable for their employees who were diagnosed with asbestos-related diseases like mesothelioma. After the ruling, asbestos-related lawsuits flooded the courts. The majority of the claims were based on the assumption that employers knew that the asbestos they sold to their workers was dangerous and failed to warn them of these risks. Lawyers who dealt with asbestos cases would typically seek clients out, then group them together and file in large quantities to create an unintended legal storm that would make defendants agree to settlements. The Statute of Limitations Most personal injury cases have a statute of limitations which is a timeline that begins to run when an injury occurs and runs until a claimant decides to file an action. For asbestos-related claims, the statute of limitations is a bit more complicated than it is for most other types of cases. This is because asbestos-related diseases typically develop over a period of time, with symptoms and diagnosis occurring years after the initial exposure to the harmful material. In other words, the “clock” in these cases often doesn't start until it is evident that asbestos exposure caused an injury, which is distinct from other types of personal injuries. This complicated timeframe is the primary reason why asbestos litigation is different from most other personal injury lawsuits. You must act quickly to file a mesothelioma claim or other asbestos-related claims. You may not be able to avail an exemption or exception to the limitation period if you wait too long. The time limit to file an asbestos-related lawsuit depends on various factors, including where you lived and where you first exposed. Depending on the variables, your lawyer may choose to submit your claim in the state where you were exposed to asbestos most. This could lead to confusion regarding the statute of limitations, because defendants might claim that the law of the other state should be applied. Before launching the legal process, it is essential that the victims and their families are aware of the laws in each state. Especially if the victim or their family members have worked in multiple states or even relocated between states, the applicable statute of limitations can be difficult to understand. A mesothelioma attorney can help you determine if an exception to the statute of limitation or exemption is available and what the deadline to file an asbestos lawsuit in your case is. Your lawyer will gather all evidence that is available against the at-fault parties and file your suit in the correct county court before the statute of limitations expires. Asbestos Trusts Asbestos victims have the option of choosing between two compensation options: asbestos trusts or lawsuits. The lawsuit is a means for individuals to seek justice if they suffer from mesothelioma, or any other asbestos-related disease caused by negligent companies. Trust funds are used to seek financial compensation from asbestos companies that have been forced out of business due to asbestos-related liabilities. The companies set up trusts to conceal their assets and reduce their liability in mesothelioma lawsuits. The courts forced these companies to create these trusts in order to ensure that victims would receive financial compensation. It is possible to file both a mesothelioma suit and pursue compensation from an Asbestos Trust, but patients must be aware that this procedure will take a considerable amount of time. Patients with mesothelioma should work with an asbestos lawyer who has the expertise to gather all the documentation and evidence required to complete both processes. Port St. Lucie asbestos lawsuit includes supplying medical and work records dating back decades ago. This is a daunting task but your lawyer will know where to look and how to obtain it. Depending on the trust, there are various ways to review and settle claims. For instance, certain asbestos trusts have a speedier review process that settles mesothelioma cases faster with a fixed payout. Some have an individual review process that is handled on a case-by-case basis and could result in higher payouts. Other asbestos trusts have an “extraordinary claim” category that may combine elements from both kinds of reviews. The most important condition for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos during the course of work at the debtor company. This can be proven through medical documents, such as pathology and imaging scans or doctor's notes. In addition, the person who is suffering must prove that the 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 proof has been collected the mesothelioma lawyer will send it to the asbestos trust according to their guidelines. Medical Experts Medical experts are essential to establishing the connection between asbestos exposure and the plaintiff's health. These experts can also conduct physical examinations as well as review medical records. Additionally they are often asked to look over x-rays and pathology reports. They must be licensed physicians with expertise or experience in their field of expertise. Since the symptoms of asbestos diseases may be similar to symptoms of other diseases, including heart disease or emphysema determining causation can be difficult. Your pulmonologist may be able tell you that shortness of breath is due to your asbestos-related condition, but they cannot explain why. Because asbestos cases involve complex issues experts are required to assist judges and juries. For instance, a physician who has been trained in the field of toxicology can be competent to establish the connection between asbestos and certain diseases. Toxicology is the study of chemicals and their adverse effects on living organisms. Another example of an important asbestos expert is an epidemiologist who examines the spread of diseases in particular populations. An epidemiologist may use their academic and clinical background to establish a link between exposure to asbestos and certain diseases. Other asbestos experts include occupational health and safety professionals who can help determine the extent of exposure to asbestos for a plaintiff. This can be done by speaking with relatives, coworkers and analyzing work-related documents such as invoices and work orders delivery documents supplier lists, invoices and so on. Also, testing samples taken from the plaintiff's house or work site. It is also possible to identify the type of asbestos like amosite, crocidolite, or chrysotile by examining samples from a workplace and by studying the chemical composition of the fibers. Experts can be expensive and may account for the majority of the total cost of a lawsuit. However, without the knowledge of these individuals it could be incredibly difficult to win a case against an asbestos defendant. In addition, if the lawsuit was unsuccessful, the victim may lose a significant amount of compensation. In the end, hiring these professionals is usually a wise investment.