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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. National law firms are the best equipped to investigate and determine the asbestos-related companies that are responsible for each patient's exposure. When victims contact a mesothelioma law firm, they can receive compensation from liable asbestos defendants for medical expenses, loss of earnings, and other damages. The compensation could take many years to receive. The History of Asbestos Litigation Asbestos is a naturally occurring mineral was once widely utilized in the manufacturing and construction of products. It is 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, after which it was banned. In the years that followed, thousands of people suffered from serious health complications such as mesothelioma, asbestosis, lung cancer, and other diseases 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 that they believed exposed them asbestos's harmful chemicals. These claims led to a massive legal battle that led to numerous companies going into bankruptcy. Asbestos trust funds were created to help victims. In the past asbestos litigation was handled a bit differently than a typical personal injury case. It involved large groups of plaintiffs, multiple defendants, lengthy discovery, and the use of expert witnesses. Due to the complexity of this type of lawsuit, it is crucial to hire a mesothelioma attorney who is familiar with the complexities of asbestos law and can better manage these cases. On September 10 1973 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 moment in the history of asbestos lawsuits. The ruling said that asbestos producers were liable if their employees were diagnosed with asbestos-related diseases such as mesothelioma. Following this ruling, asbestos-related lawsuits began flooding the courts. The majority of the claims were based on the assumption that employers knew that the asbestos they provided to their employees was hazardous and did not warn them of these risks. Lawyers who dealt with asbestos cases would typically solicit clients, group them together and file them in large quantities to create a legal storm that would force defendants into settlements. The Statute of Limitations In most personal injury cases there is a statute or limitations period. This is a time limit that starts the moment an injury occurs, and continues until the plaintiff files their claim. For asbestos-related lawsuits the statute of limitations is a bit more complicated than it is for other types of cases. This is because asbestos-related illnesses typically develop over a period of time with symptoms and diagnoses being discovered years after initial exposure to the toxic substance. The “clock” does not begin until it is clear that asbestos exposure is the cause of the injury. This is distinct from the majority of other personal injuries. This complicated timeline is one of the main reasons why asbestos litigation is different from other personal injury lawsuits. If you want to file a mesothelioma suit or any other asbestos-related claim, you must act fast. You may not be able to take advantage of an exemption or exception to the limitation period if you put off filing a claim for too long. The deadline for filing an asbestos-related lawsuit depends on various factors such as where you resided and where you first exposed. Depending on these variables, your attorney might choose to make a claim in the state where most of your exposure occurred. This could lead to confusion about the statute of limitations as defendants will argue that the law in the other state should apply. Before starting the legal process, it is essential that victims and their family members understand the laws in every state. Especially if the victim or family members worked in more than one state or even moved between states, the time limit can be difficult to comprehend. A mesothelioma attorney can help you determine if an exception to the statute of limitations or exemption is available and what the deadline for filing 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 runs out. Asbestos Trusts Asbestos victims can choose between two options for compensation either through asbestos trusts or lawsuits. Lawsuits allow individuals to seek justice for mesothelioma, or another asbestos-related disease caused by negligent companies. Trust funds are used to seek financial compensation from asbestos-related companies that have been forced out of business due to asbestos-related liabilities. The companies that created these trusts essentially tried to hide their assets by filing for bankruptcy in order to limit their liability in mesothelioma lawsuits. The courts obliged these companies to establish trusts to ensure that victims be compensated in monetary terms. 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 procedure. It is crucial for mesothelioma patients to collaborate with an experienced asbestos attorney, who can help gather the necessary documentation and evidence to complete both procedures. This includes providing medical and work-related records dating back decades. This can be a daunting 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 a variety of ways to review and settle claims. Some asbestos trusts, for instance, offer an expedited review process that resolves mesothelioma claims quicker and has an agreed-upon amount of payout. Some asbestos trusts have a review procedure that is conducted on a case-by case basis. This can result in higher payouts. Other asbestos trusts have an “extraordinary claim” category that can combine elements from both types of reviews. Evidence of asbestos being present in the workplace is essential to be able to claim compensation from an asbestos trust. This can be proven by medical documents, such as imaging scans and pathology or doctor's statements. In addition, the victim must prove that asbestos exposure led to the diagnosis of their illness. Documents like invoices and employment records can be used to demonstrate this. Once the proof has been gathered your mesothelioma lawyer is able to submit it to the asbestos trust in accordance with their guidelines. Medical Experts Medical experts are essential in establishing the connection between asbestos exposure and the plaintiff's disease. They review medical records and may also perform physical examinations. In addition they are often asked to examine x-rays and pathology reports. They must be licensed physicians with expertise or experience in their area of expertise. It can be difficult to determine the root cause of asbestos disease as its symptoms are similar to those of other ailments like emphysema and heart disease. For example your pulmonologist may be able to inform you that your breath shortness is related to your asbestos-related condition, but is not able to explain the reason. Expert witnesses are required since asbestos cases are incredibly complicated. A specialist doctor in toxicology can help establish an association between asbestos and certain illnesses. Toxicology is a study of chemicals and their effects on living organisms and their toxicological properties. An epidemiologist is an expert in asbestos, who investigates the spread and impact of diseases on 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 health and safety specialists who can help determine the exposure of a plaintiff to asbestos. Torrance asbestos lawyer can be done by speaking with family members, coworkers, and analyzing workplace documents such as invoices or work orders delivery documents, supplier lists etc., and testing samples taken from the plaintiff's home or work location. Through the analysis of samples taken from a workplace, and by studying the chemical composition of the fibers, it is possible to identify asbestos types like amosite and chrysotile. Experts can be costly and may account for the majority of a lawsuit's overall costs. Without the experience of these experts they would be extremely difficult to prevail in a lawsuit against asbestos defendants. In addition, if the lawsuit was unsuccessful, the victim may miss out on substantial compensation. Hiring these professionals is often a wise investment.