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How to File a Lawsuit Against an Asbestos Company The best mesothelioma law firms have expertise in handling cases across a variety of jurisdictions. Firms with nationwide law firm resources are best suited to investigate and determine which asbestos companies are accountable for each patient's exposure. Victims who seek out mesothelioma lawyers may receive compensation for medical expenses, lost earnings and other damages from asbestos defendants. The compensation may take several years to receive. The History of Asbestos Litigation Asbestos is a mineral that occurs naturally, was once widely utilized in the manufacturing and construction of goods. It is affordable and sturdy as well as resistant to heat and fire. Asbestos was widely used for its numerous properties that were desirable in industrial and commercial settings up to the early 1970s, after which it was banned. In the years that followed many people suffered from serious health complications such as mesothelioma and lung cancer, asbestosis and other diseases caused by exposure to this dangerous substance. As soon as medical researchers realized the dangers to health associated with asbestos many people suffering from health issues resulting from asbestos filed lawsuits against the companies they believed exposed them to 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 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 hire a mesothelioma attorney who understands the intricacies of asbestos law and is able to better handle these cases. 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. This ruling stated asbestos manufacturers were liable if their employees were diagnosed with asbestos-related diseases such as mesothelioma. Following this ruling the flood of asbestos-related claims came into the courts. Most of the claims were based upon the notion that employers knew that the asbestos they sold their workers was dangerous, but did not inform them of the risks. Lawyers who handled these cases often sought out clients, then grouped them into groups and filed them in bulk in order to create an unintended legal tsunami that would make defendants pay compensation. The Statute of Limitations In most personal injury cases there is a statute or limitations period. This is a time frame that begins when an injury occurs until the claimant files their lawsuit. The time limit for asbestos-related claims is more complex than most other types. This is due to the fact that asbestos-related illnesses generally develop over a long period of time, with symptoms and diagnosis occurring years after the initial exposure to the harmful material. The “clock” does not begin until it is determined that asbestos exposure has caused the injury. This is distinct from many other types of personal injuries. This lengthy timeframe is the primary reason why asbestos litigation is so different from other personal injury lawsuits. To file a mesothelioma lawsuit or another asbestos-related claim, you must act fast. You may not be able take advantage of an exemption or exception to the limitation period if you put off filing a claim for too long. The time frame for filing an asbestos-related lawsuit depends on a number of factors, including where you lived and the place you were first exposed. Based on the factors, your lawyer may choose to file your claim in the state that you were exposed to asbestos most. This may cause confusion about the statute of limitations because defendants might argue that the law in the other state should be applicable. Dearborn asbestos attorney is essential for the family members of victims to know the laws of each state before starting the legal process. Particularly if the victim or family members have worked in more than one state or even transferred between states, the statute of limitations can be difficult to understand. A mesothelioma lawyer can help you determine if a statute of limitation exception or exemption is appropriate and when the deadline for filing a lawsuit against asbestos in your particular case is. Your lawyer will collate all evidence against the parties at fault and file your claim in the proper county court before the statute of limitations expiring. Asbestos Trusts Asbestos sufferers can choose between two options for compensation either through asbestos trusts or lawsuits. Lawsuits are a way for people to seek justice if they have mesothelioma, or any other asbestos-related diseases caused by negligent businesses. Trust funds are, however, are a means of seeking financial compensation from bankrupt asbestos companies that have gone out of business due to asbestos-related debts. The companies that established these trusts tried to hide their assets by filing for bankruptcy to limit their liability in mesothelioma lawsuits. The courts forced these companies into creating trusts to ensure that victims be compensated in monetary terms. While 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 suffering from mesothelioma should consult with an asbestos lawyer who has the expertise to collect all the documentation and evidence required to complete both procedures. This includes supplying medical and work-related records dating back many years. This can be a daunting task however, your lawyer will know what to look for and how to obtain it from various sources. Depending on the asbestos trust you are dealing with, there may be different ways of the settlement and review of claims. For instance, some asbestos trusts have an expedited review process that settles mesothelioma claims faster with a fixed payout. Certain 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 allows for the combination of elements from both types of reviews. Evidence of asbestos being present in the workplace is required to receive compensation from an asbestos trust. This can be proven by medical records, such as pathology and imaging scans, or physician statements. In addition, the victim must provide proof that the asbestos exposure led to the diagnosis of their illness. Documents like employment records and invoices can be used to prove this. Once the evidence has been collected by your mesothelioma lawyer and they are able to submit it according to the asbestos trust's protocols. Medical Experts Medical experts are vital in establishing the connection between asbestos exposure and plaintiff's disease. They review medical records and may perform physical examinations. They may also be asked to examine x-rays and pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise. Because the symptoms of asbestos diseases can mimic those of many other ailments, like heart disease or emphysema, it can be difficult to determine the cause. Your pulmonologist could tell you that shortness of breath is due to the asbestos condition, but not why. Since asbestos cases are complex subjects, expert witnesses are needed to assist judges and juries. For instance, a physician who has received specialized training in the area of toxicology is capable of establishing the link between asbestos and certain ailments. Toxicology is a study of chemicals, their effects on living organisms and their toxicological properties. Another example of an important asbestos expert is an epidemiologist, who investigates the spread of disease within specific populations. An epidemiologist's educational and clinical background can be used to establish a connection between exposure to asbestos and certain diseases. Other asbestos experts include occupational health and safety experts who can help determine the extent of exposure to asbestos for a plaintiff. This can be done by speaking with relatives, coworkers, and analyzing workplace documents like invoices, work orders, delivery documents supplier lists, invoices, etc. Also, testing samples taken from the plaintiff's house or work site. It is also possible to identify the kind of asbestos – such as amosite, crocidolite, or chrysotile by looking at samples taken from a workplace and by studying the chemical composition of the fibers. Experts are expensive and can be a significant portion of the total costs of an action. However, without the expertise of these individuals they would be incredibly difficult to win a lawsuit against asbestos defendants. If the case is not successful, the victim may lose out on significant compensation. In the end, hiring a professional is generally a wise investment.