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How to File a Lawsuit Against an Asbestos Company Top mesothelioma lawyers dealt with cases in numerous areas. Firms with national law firm resources are the best to research and determine which asbestos-related companies are responsible for each patient's exposure. Victims who seek out a mesothelioma lawyer can receive compensation for medical expenses, lost earnings and other damages incurred by asbestos defendants. This compensation can take many years to receive. The History of Asbestos Litigation Asbestos, a naturally occurring mineral, was once widely utilized in the manufacturing and construction of goods. This material is strong and affordable, and is fire-proof and heat-resistant. Due to its numerous desirable characteristics, asbestos was widely employed in commercial and industrial settings up until the 1970s when it was banned. In that time there were thousands of people suffering from serious health problems such as mesothelioma, asbestosis, lung cancer, and other ailments caused by exposure to this dangerous substance. When medical researchers recognized the health risks associated with asbestos many of the workers who suffered from these health problems filed lawsuits against companies that they believed exposed them to asbestos. These claims led to a massive legal fight that resulted in dozens of companies going bankrupt. Trust funds for asbestos were established 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, numerous defendants, lengthy discovery and the recourse to experts as witnesses. It is essential to find mesothelioma attorneys who is able to handle these cases due to the complexity of the lawsuit. 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. The decision stated asbestos manufacturers were liable for injuries suffered by employees who contracted asbestos-related illnesses, such as mesothelioma, if they failed to inform their employees of the dangers of their products. Following this ruling, a flood of asbestos-related claims came into the courts. The majority of the claims were based on the assumption that employers knew that the asbestos they sold to their workers was a risk and failed to warn them of the dangers. Lawyers who dealt with asbestos cases would usually seek clients out, then group them together, and file them in large quantities to create a legal storm that could oblige defendants to settle. The Statute of Limitations Most personal injury cases have a statute of limitations that is a time-line that starts running after an injury is sustained and continues until the claimant decides to file an action. The statute of limitations for asbestos claims is more complicated than other types. This is because asbestos-related diseases generally develop over a long period of time with symptoms and diagnoses occurring years after the initial exposure to the harmful material. In this way, the “clock” in these cases is usually not set until it is evident that asbestos exposure caused an injury, which is distinct from other types of personal injuries. This timeline is one of the primary reasons why asbestos litigation differs from other personal injury lawsuits. It is imperative to act quickly if you want to file a mesothelioma case or other asbestos-related claims. You might not be able to benefit from an exception or exemption to the time limit if you wait too long. The time limit for filing an asbestos-related claim depends on many factors, including the state where you were exposed and the state in which you are currently. Depending on the variables your lawyer might decide to make the claim in the state where you were exposed to asbestos the most. This could lead to confusion about the statute of limitations because defendants might claim that the law of the other state should apply. Before beginning the legal process, it is crucial that the victim and their families are aware of the laws in each state. Especially if the victim or their family members have been employed in more than one state, or even relocated between states, the applicable time limit can be confusing to comprehend. A mesothelioma lawyer can assist you determine whether an exception to the statute of limitations or exemption is applicable and when the deadline for filing an asbestos lawsuit in your particular case is. Your lawyer will gather any evidence that is available against the at-fault parties and file your lawsuit with the correct county court before the statute of limitations expires. Asbestos Trusts Asbestos victims can choose between two options for compensation which are asbestos trusts or lawsuits. Lawsuits allow people to seek justice for their mesothelioma or other asbestos-related disease caused by negligent businesses. Trust funds are, on the other hand are a method of seeking financial compensation from bankruptcy asbestos companies that went out of business due to their asbestos-related liabilities. The companies that created these trusts essentially tried to conceal their assets by declaring bankruptcy to limit their liability in mesothelioma lawsuits. But, the courts forced the companies to set up trusts to ensure that victims could receive monetary compensation. Although it is possible to start a mesothelioma lawsuit and also pursue compensation from an asbestos trust, patients should understand that this can be a time-consuming process. Patients with mesothelioma should work with an asbestos lawyer who has the expertise to gather all the documentation and evidence required to complete both procedures. This includes supplying work and medical records from years ago. This can be a difficult task but your lawyer will know what to look for and how to obtain it from various sources. Based on the asbestos trust, there are different ways to review and settle claims. For instance, some asbestos trusts have a speedier review process which settles mesothelioma claims quicker with a fixed amount of payout. Some asbestos trusts have a review procedure that is conducted on a case by case basis. This could result in higher payouts. Other asbestos trusts have a distinct category referred to as “extraordinary claims” which can combine elements of both kinds of reviews. The most important requirement 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 proved through medical records like imaging scans, pathology reports and doctor's statements. In addition, the victim must prove that asbestos exposure was responsible for the diagnosis of their illness. Documents like invoices and employment records can be used to prove this. 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 vital in establishing the connection between asbestos exposure and plaintiff's illness. These professionals evaluate medical records and can perform physical examinations. In addition they are often required to look at x-rays or pathology reports. They must be licensed physicians with knowledge of, or expertise in their fields of expertise. It is often difficult to determine the root cause of asbestos disease as its symptoms are similar to those of other ailments like heart disease and emphysema. For example, your pulmonologist might be able to tell you that your breath shortness is related to your asbestos-related condition, but not why. Because asbestos cases involve complex subjects experts are required to assist juries and judges. For instance, a doctor who has been trained in the field of toxicology can be able to help establish the link between asbestos and certain ailments. Toxicology is a study of chemicals that affect living organisms, and their toxicological properties. Ventura asbestos lawyers of an important asbestos expert is an epidemiologist who studies the spread of diseases in specific populations. An epidemiologist can draw on his or her knowledge of the medical and academic fields to establish a link between exposure to asbestos and specific diseases. Other asbestos experts include occupational and environmental health and safety professionals who can assist in determining the extent and type of a plaintiff's exposure to asbestos. This can be accomplished through interviews with co-workers and family members, analyzing workplace documentation such as invoices, work orders, delivery documents and supplier lists and testing samples taken from a plaintiff's workplace and home. It is also possible to identify the kind of asbestos – such as amosite, the crocidolite or chrysotile by looking at samples taken from the workplace and analysing the chemical composition of the fibers. Experts can be costly and make up a significant part of the total costs of the lawsuit. However, without the knowledge of these professionals it could be incredibly difficult to win a lawsuit against an asbestos defendant. If the case is not successful the victim could be deprived of substantial compensation. In the final analysis, hiring these professionals is usually a good investment.