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How to File a Lawsuit Against an Asbestos Company The top mesothelioma law firms have expertise in handling cases in a wide range 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. When victims contact a mesothelioma law firm, they may be awarded compensation from asbestos-related defendants for medical expenses, loss of earnings, and other damages. This compensation can take many years to obtain. The History of Asbestos Litigation Asbestos is a natural mineral that was previously employed in the construction and manufacturing of products. This material is cheap and durable and is also heat-resistant and fire-proof. Asbestos was extensively used due to its numerous desirable properties in commercial and industrial settings up until the early 1970s, when it was finally prohibited. In that time, thousands of people suffered from serious health issues such as mesothelioma and asbestosis, lung cancer and other illnesses caused by exposure to the dangerous substance. When St. Louis asbestos lawsuit began to realize the health risks of asbestos many of the workers who suffered from the health issues complained against the companies they believed exposed them asbestos, which is harmful to health. These claims led to a massive legal battle that led to several companies going under. Asbestos trust funds were established to help victims. In the past asbestos litigation was handled differently than the typical personal injury case. It involved large groups, numerous defendants and lengthy discovery. Expert witnesses were also used. It is important to hire a mesothelioma lawyer who can handle these cases due to the complexity of the lawsuit. 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. This ruling stated that asbestos manufacturers were liable for injuries suffered by those who suffered from asbestos-related diseases, such as mesothelioma, if they failed to inform their employees of the dangers associated with their products. Following the ruling the flood of asbestos-related claims poured into the courts. Most of these claims were based upon the idea that employers knew the asbestos they offered their employees was dangerous, but they did not inform them of the dangers. Lawyers who handled these cases frequently solicited clients, bundled them into groups and filed them in bulk in order to create an unintended legal tsunami that would force defendants to settle for compensation. The Statute of Limitations Most personal injury cases have a statute of limitations that is a time-line that begins running when an injury occurs and runs until a claimant files a lawsuit. For asbestos-related claims the statute of limitations is a bit more complicated than for other types of cases. This is because asbestos-related illnesses tend to develop over time, with symptoms and diagnoses appearing years after exposure to the toxic substances. The “clock” doesn't begin until it is determined that asbestos exposure caused the injury. This is different from many other types of personal injuries. This complicated timeframe is the primary reason why asbestos litigation is so different from most other personal injury lawsuits. To file a mesothelioma lawsuit or any other asbestos-related claim, you must act fast. You may not be able to take advantage of an exception or exemption to the time limit if you wait too long. The deadline for filing a claim involving asbestos is based on a variety of factors such as the state in which you were exposed and where you live. Depending on the variables, your lawyer may choose to submit your claim in the state that you were exposed to asbestos most. This can sometimes cause confusion regarding the statute of limitations, since defendants may argue that the law in the other state should apply. It is important for families of victims to understand the laws of each state before beginning the legal process. The statute of limitations applicable to each state can be a bit confusing, particularly in cases where the victim and family members have been in more than one place or even moved from state to state. A mesothelioma lawyer can assist you determine whether a statute of limitation exception or exemption is appropriate and when the deadline to file an asbestos lawsuit in your particular case is. Your lawyer will gather all evidence available against the defendants at fault and file your lawsuit with the correct county court before the statute of limitations runs out. Asbestos Trusts Asbestos victims have two options for compensation: lawsuits and asbestos trusts. Lawsuits are a way for people to seek justice if they suffer from mesothelioma or any other asbestos-related illness caused by negligent businesses. Trust funds are used to seek financial compensation from asbestos companies which have gone out of business due to asbestos-related liabilities. These companies established trusts to hide their assets and limit their liability for mesothelioma suits. However, the courts compelled the companies to set up trusts to ensure that victims could receive monetary compensation. It is possible to file both mesothelioma lawsuits and seek compensation from an asbestos trust, but victims should be aware that this process can take a long duration. Patients with mesothelioma must work with an asbestos lawyer who has the expertise to gather all of the documentation and evidence required to complete both processes. This includes providing medical and work records dating back years ago. This can be a difficult task however, your lawyer will know what to look for and how to get the information from different sources. Based on the asbestos trust, there are various ways to review and settle claims. For example, some asbestos trusts have a speedier review process that settles mesothelioma claims faster with a fixed payout. Some asbestos trusts have a review process that is done on a case by case basis. This can result in larger payout amounts. However, some asbestos trusts have a special class called “extraordinary claims” that can include elements of both types of reviews. The primary requirement for obtaining compensation from an asbestos trust is evidence that the victim was exposed to asbestos in the workplace of the debtor company. This can be proved through medical records, such as pathology and imaging scans, or physician statements. The patient must also provide proof that exposure to asbestos triggered their illness. Documents like invoices and employment records can be used to demonstrate this. Once the evidence has been gathered by your mesothelioma attorney and submitted to the asbestos trust, they can submit it according to the asbestos trust's guidelines. Medical Experts Medical experts are crucial in establishing a connection between asbestos exposure and plaintiff’s illness. These professionals may also perform physical examinations and review medical records. They are also asked to review x-rays or pathology reports. They must be licensed doctors who have experience or expertise in their field of expertise. Since asbestos-related symptoms can mimic those of many other ailments, like emphysema or heart disease, it can be difficult to determine the causation. For instance your pulmonologist may be able to inform you that your breath-shortness is due to your asbestos condition but is not able to explain what the reason. Because asbestos cases involve complex subjects, expert witnesses are needed to assist juries and judges. For example, a physician who has received specialized training in the area of toxicology is capable of establishing the link between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful impacts on living organisms. Another example of an important asbestos expert is an epidemiologist, who examines the spread of diseases within specific populations. An epidemiologist's academic and clinical background can be used to establish a connection between exposure to asbestos and certain illnesses. Other asbestos experts include occupational and environmental health and safety experts who can help determine the extent and type of a plaintiff's exposure asbestos. This can be done by interviewing relatives, coworkers and analyzing documents from the workplace like invoices or work orders, delivery documents supplier lists, invoices etc. Also, testing samples taken from the plaintiff's house or work place. Through the analysis of samples taken from a work environment and studying the chemical makeup of the fibers, it is possible to determine asbestos types such as amosite and chrysotile. Experts can be costly and can account for a significant portion of the overall cost for a lawsuit. Without the experience of these professionals it could be extremely difficult to prevail in a lawsuit against asbestos defendants. If the case is not successful the victim could be denied a substantial amount of compensation. Hiring these professionals is often an investment worth it.