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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. Lawyers with national law firm resources are the best to research and determine which asbestos companies are responsible for each patient's exposure. Victims who contact mesothelioma lawyers may receive compensation for medical expenses, lost earnings, and other damages from asbestos defendants. The compensation could take many years to obtain. The History of Asbestos Litigation Asbestos is a mineral that occurs naturally, was once widely employed in the production and construction of products. This mineral is extremely durable and cheap, and also resistant to heat and flames. Roanoke asbestos attorneys was used extensively due to its numerous desirable properties in industrial and commercial settings up to the early 1970s, after which it was banned. During that time, thousands of people suffered from serious health issues such as mesothelioma and asbestosis, lung cancer, and other ailments caused by exposure to the dangerous substance. As soon as medical researchers recognized the dangers to health 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 went on to become a major legal battle that has left many companies insolvent and led to the establishment of asbestos trust funds to pay victims. In the past asbestos litigation was handled a bit differently than the typical personal injury case. It involved large groups of plaintiffs, multiple defendants lengthy discovery, and the use of expert witnesses. It is important to hire a mesothelioma lawyer who is able to handle these cases due to the complexity of the lawsuit. 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. The ruling said that asbestos producers were liable if their employees were diagnosed with asbestos-related diseases like mesothelioma. After this ruling, asbestos-related lawsuits began flooding the courts. The majority of these claims were based upon the assumption that employers were aware that the asbestos they sold to their workers was dangerous and failed to warn them of these risks. Lawyers who handled asbestos cases would often seek clients out, then group them together, and file them in bulk, creating an unintended legal storm that would force defendants into settlements. The Statute of Limitations In most personal injury cases, there is a statute of limitations period. This is a period of time that starts when an injury occurs and continues until the plaintiff files their lawsuit. The statute of limitations for asbestos claims is more complicated than most other kinds. This is because asbestos-related diseases tend to develop over time, with symptoms and diagnoses appearing years after exposure to the toxic material. The “clock” does not begin until it is clear that asbestos exposure is the cause of the injury. This is different from most other types of personal injuries. This timeline is among the main reasons asbestos litigation differs from other personal injury lawsuits. If you want to file a mesothelioma suit or another asbestos-related claim, you must act quickly. If you wait too long, you may no longer be able to avail a statute of limitations exception or exemption, and you could not receive the 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. Depending on these variables the attorney could decide to file a claim in the state where most of your exposure occurred. This can sometimes cause confusion regarding the statute of limitations since defendants may claim that the law of the other state should be applicable. It is essential for families of victims to be aware of the laws of each state before starting the legal process. The applicable statute of limitation can be a bit confusing, particularly in cases where the victim and family members have lived in more than one location or even moved from state state. A knowledgeable mesothelioma lawyer will assist you in determining if a statute of limitations exemption or exception applies and what the proper date is for filing an asbestos lawsuit in your specific case. Your lawyer will gather any available evidence against the defendants at fault and file your suit with the correct county court before the statute of limitations expires. Asbestos Trusts Asbestos victims have two options for compensation: lawsuits and asbestos trusts. The lawsuit is a means for people to seek justice in the event that they suffer from mesothelioma or any other asbestos-related disease caused by negligent businesses. Trust funds, on the other hand, are a means of seeking financial compensation from bankruptcy asbestos companies that went out of business because of their asbestos-related debts. The companies that established these trusts essentially tried to conceal their assets by filing for bankruptcy in order to reduce their liability in mesothelioma lawsuits. But, the courts obliged the companies to set up trusts to ensure that victims could receive financial compensation. Although it is possible to file a mesothelioma lawsuit and also seek compensation from an asbestos trust, patients should be aware that this can be a time-consuming process. Patients suffering from mesothelioma should consult with an asbestos lawyer who has the experience to gather all the documentation and evidence required to complete both processes. This includes supplying medical and work records that go to decades. This can be a difficult task but your lawyer will know what to look for and how to obtain it from various sources. Depending on which asbestos trust you're dealing with, there may be different methods for settlement and reviewing claims. Certain asbestos trusts, as an instance, offer an expedited review which will settle mesothelioma claims faster and with an agreed-upon amount of payout. Certain asbestos trusts have a review process that is done 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 primary condition for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos in the workplace of the company that is in debt. This can be proven through medical documents such as pathology reports, imaging scans and physician statements. In addition, the victim must prove that asbestos exposure led to the diagnosis of their illness. Documents such as employment records and invoices can be used to prove this. Once the evidence is obtained your mesothelioma lawyer is able to send it to the asbestos trust according to their protocols. Medical Experts Medical experts are essential in establishing a connection between asbestos exposure and the plaintiff’s illness. These professionals evaluate medical records and may perform physical examinations. In addition they are often asked to look at x-rays or pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise. It can be difficult to determine the root cause of asbestos disease because its symptoms may be similar to other ailments like emphysema and heart disease. Your pulmonologist might tell you that shortness of breath is due to the asbestos condition, but they cannot explain why. Because asbestos cases involve complex topics, expert witnesses are needed to assist juries and judges. A doctor with specialized training in toxicology can assist in establishing an association between asbestos and certain illnesses. Toxicology is the study of chemicals and their effects on living organisms and their toxicological properties. An epidemiologist is a specialist in asbestos who examines the impact and spread of diseases on specific populations. An epidemiologist may use their experience in the field of medicine and academics to establish a link between exposure to asbestos and specific diseases. Other asbestos experts include occupational health and safety specialists who can help determine a plaintiff's asbestos exposure. This can be done through interviews with co-workers and family members, analyzing workplace documentation that includes work orders, invoices, delivery documents and supplier lists and testing samples taken from a plaintiff's work and home sites. Through the analysis of samples taken from the workplace and studying the chemical composition of fibers it is possible to identify asbestos types like amosite and chrysotile. Experts can be costly and make up a significant part of the total cost of an action. Without the expertise of these people they would be extremely difficult to win a case against an asbestos defendant. If the case is unsuccessful the victim could be denied a substantial amount of compensation. In the final analysis, hiring these professionals is usually a wise investment.