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How to File a Lawsuit Against an Asbestos Company The top mesothelioma law companies have expertise in handling cases in a variety of jurisdictions. The national law firms are better equipped to research and identify the asbestos companies accountable for each patient's exposure. If mesothelioma victims contact a law firm, they can get compensation from asbestos defendants for medical expenses, loss of earnings, and other damages. However, obtaining this compensation could take a long time. The History of Asbestos Litigation Asbestos is a mineral that occurs naturally was once extensively utilized in the manufacturing and construction of products. This material is strong and affordable, and is fire-proof and heat-resistant. Due to its many desirable properties, asbestos was extensively employed in commercial and industrial settings until the early 1970s when it was banned. During that time many people suffered from serious health complications like mesothelioma, asbestosis, lung cancer and other diseases caused by exposure to this dangerous substance. As soon as medical researchers realized the asbestos-related health risks many people suffering from health issues related to asbestos filed lawsuits against the companies they believed exposed them to asbestos. The claims grew to become a massive legal dispute that has made dozens of companies bankrupt and led to the establishment of asbestos trust funds to compensate victims. In the past, asbestos litigation was handled differently from a typical personal injury lawsuit. It involved large numbers of plaintiffs, multiple defendants, long discovery periods and the use of experts as witnesses. Because of the complicated nature of this type of lawsuit, it is imperative to choose a mesothelioma attorney who understands the intricacies of asbestos law and is able to better handle these cases. 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 developed asbestos-related diseases such as mesothelioma. After this ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based upon the assumption that employers knew that the asbestos they sold their workers was dangerous, but did not warn them about the risks. Lawyers who handled asbestos cases would often solicit clients, then group them together, and file them in large quantities to create a legal storm that would force defendants into settlements. The Statute of Limitations Most personal injury cases have a statute of limitations which is a timeline that begins running when an injury occurs and runs until a claimant decides to file an action. The statute of limitations for asbestos-related claims is more complex than other kinds. This is because asbestos-related illnesses typically develop over a period of time, with symptoms and diagnosis appearing years after the initial exposure to the harmful material. In this way the “clock” in these cases often doesn't start until it is evident that asbestos exposure led to an injury, which is different from the majority of personal injuries. This is one of the primary reasons asbestos litigation differs from other personal injury lawsuits. If you want to file a mesothelioma suit or any other asbestos-related claim, you must act fast. You might not be able to benefit from an exemption or exception to the limitation period if you wait too long. The time limit to file an asbestos-related lawsuit depends on various factors such as where you resided and the place you were first exposed. Depending on these variables your attorney may decide to file a claim in the state where the majority of your exposure occurred. This can sometimes cause confusion about the statute of limitations, because defendants might argue that the law in the other state should be applicable. It is important for victims and their families to be aware of the laws of each state before beginning the legal process. The applicable statute of limitation is often confusing, especially when the victim and their family members have lived in more than one place or even moved from state to state. An experienced mesothelioma lawyer can assist you in determining whether a statute-of-limitations exception or exemption applies and when the correct date is for filing an asbestos lawsuit in your particular case. Your lawyer will gather all evidence that is available against the parties at fault and file your suit with the appropriate county court before the statute of limitations runs out. Asbestos Trusts Asbestos victims have two options to seek compensation: lawsuits and asbestos trusts. Legal suits allow individuals to seek justice for their mesothelioma, or another asbestos-related disease caused by negligent businesses. Trust funds are used to seek financial compensation from asbestos companies that have been forced out of business due to asbestos-related liabilities. The companies that created these trusts tried to hide their assets by filing for bankruptcy to reduce their liability in mesothelioma lawsuits. The courts obliged these companies to establish trusts to ensure that victims would receive financial compensation. While it is possible to file a mesothelioma lawsuit and also pursue compensation from an asbestos trust, victims should be aware that this can be a time-consuming procedure. Patients suffering from mesothelioma should consult with an asbestos lawyer who is experienced to collect all the documentation and evidence required to complete both procedures. This includes providing medical and work-related records dating to many years. This can be a daunting task but your lawyer will know what to look for and how to get the information from different sources. Based on the asbestos trust you are dealing with, there may be different ways of settling and reviewing claims. Certain asbestos trusts, as an instance, offer an expedited review that resolves mesothelioma claims quicker and has a set payout amount. Some have a review for each individual that is conducted on a case by case basis and can result in higher payout amounts. Other asbestos trusts have an “extraordinary claim” category that allows for the combination of elements from both types of reviews. The main condition for receiving compensation from an asbestos trust is evidence that the victim was exposed to asbestos at the workplace of the debtor company. This can be proved through medical records, such as imaging scans and pathology or doctor's notes. The patient must be able to prove that exposure to asbestos triggered their illness. Documentation such as invoices and records of employment can be used to show this. Once the proof has been gathered, your mesothelioma lawyer can send it to the asbestos trust in accordance with their protocols. Medical Experts Medical experts are essential to establishing the connection between asbestos exposure and the plaintiff's illness. These experts review medical records and may perform physical examinations. They also examine x-rays and pathology reports. They must be licensed doctors 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 other conditions such as emphysema and heart disease. For instance, your pulmonologist might be able to tell you that your shortness of breath is related to your asbestos condition but is not able to explain what the reason. Because Longview asbestos lawyer are complicated issues, expert witnesses are needed to assist judges and juries. A doctor with specialized training in toxicology can assist in establishing a link between asbestos and certain diseases. 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 studies the spread of diseases in specific populations. An epidemiologist can use his or her academic and clinical background to establish a link between exposure to asbestos and a variety of illnesses. Other asbestos experts include occupational health and safety professionals who can assist in determining the exposure of a plaintiff to asbestos. This is done by interviewing family members, coworkers and analyzing documents from the workplace such as invoices or work orders delivery documents suppliers lists and so on., and testing samples taken from the plaintiff's house or work place. It is also possible to determine the type of asbestos – such as amosite, the crocidolite or chrysotile by looking at samples taken from the workplace and looking at the chemical composition of the fibers. Experts are costly and could make up a significant part of the total cost of a lawsuit. But, without the experience of these individuals it could be incredibly difficult to win a lawsuit against an asbestos defendant. In addition, if the lawsuit was unsuccessful, the victim could miss out on substantial compensation. In the end, hiring these professionals is usually a good investment.