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How to File a Lawsuit Against an Asbestos Company The best mesothelioma law firms have expertise in handling cases in a wide range of jurisdictions. National law firms are the best equipped to investigate and determine the asbestos companies responsible for each patient’s exposure. When mesothelioma patients contact a law firm, they may be awarded compensation from asbestos-related defendants for medical expenses, loss of earnings, and other damages. However, getting this compensation may take years. The History of Asbestos Litigation Asbestos is a naturally occurring mineral that was previously employed in the construction and manufacturing of products. This material is strong and affordable, and is fire-proof and heat-resistant. Naperville asbestos attorney was used extensively due to 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, thousands of people suffered from serious health complications such as mesothelioma, asbestosis, lung cancer and other ailments caused by exposure to the dangerous substance. When medical researchers began to recognize the health risks of asbestos, many workers who developed these health issues filed lawsuits against the companies they believed exposed them to asbestos's harmful chemicals. These claims led to a massive legal battle that led to several companies going under. Asbestos trust funds were created to compensate victims. In the past, asbestos litigation was handled differently than a typical personal injury case. It involved large groups of plaintiffs, multiple defendants, lengthy discovery, and the use of experts as witnesses. Because of the complicated nature of this type of lawsuit, it is essential to choose a mesothelioma attorney who understands the intricacies of asbestos law and is able to better handle these cases. 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. This decision ruled that asbestos producers were responsible for injuries suffered by workers who developed asbestos-related illnesses, such as mesothelioma, if they failed to warn their employees of the dangers of their products. After the ruling, asbestos-related lawsuits flooded the courts. Most of the claims were based on the assumption that employers knew that the asbestos they offered their employees was dangerous, but did not warn them about the dangers. Lawyers who handled asbestos cases would often seek clients out, then group them together and file in bulk to create a legal storm that could make defendants agree to settlements. The Statute of Limitations In the majority of personal injury lawsuits, there is a statute or limitations period. This is a time limit that begins when an injury occurs until the claimant files their lawsuit. For asbestos claims, the statute of limitations is a bit more complex than for other kinds of cases. This is because asbestos-related diseases generally develop over time, with symptoms and diagnoses occurring several years after exposure to harmful substances. In other words, the “clock” in these cases often doesn't start until it is evident that asbestos exposure led to an injury, which is distinct from the majority of personal injuries. This timeframe is one of the main reasons why asbestos litigation differs from other personal injury lawsuits. You must act quickly to file a mesothelioma claim or other asbestos-related claims. You might not be able to avail 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 claim is contingent upon a variety of factors, including the state where you were exposed and the state in which you live. Depending on the variables your lawyer might decide to submit your claim in the state that you were exposed to asbestos the most. This can cause confusion about the statute of limitations, since defendants might argue that the laws in the other state should be interpreted. It is important for families of victims to understand the laws of each state prior to starting the legal process. Especially if the victim or family members have worked in more than one state, or even relocated between states, the statute of limitations can be difficult to understand. A knowledgeable mesothelioma lawyer will assist you in determining whether a statute-of-limitations exemption or exception applies and when the correct deadline is for filing an asbestos lawsuit in your particular case. Your lawyer will collect all evidence against the defendants and file your lawsuit in the correct county court prior to the statute of limitations expiring. Asbestos Trusts Asbestos victims have two options for compensation: lawsuits and asbestos trusts. Lawsuits are a way for people to seek justice in the event that they have mesothelioma, or any other asbestos-related disease caused by negligent businesses. Trust funds on the other hand can be used for seeking financial compensation from bankruptcy asbestos companies that have gone out of business because of their asbestos-related debts. The companies set up trusts to conceal their assets and reduce their liability for mesothelioma suits. The courts forced these companies into creating these trusts in order to ensure that victims would receive financial compensation. Although it is possible to make a mesothelioma-related lawsuit and also pursue compensation from an asbestos trust, patients must be aware that this could be a time-consuming procedure. Patients with mesothelioma must work with an asbestos lawyer who has the experience to collect all the documentation and evidence needed to complete both processes. This includes supplying work and medical records from decades ago. This can be a daunting 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 procedures for settling and reviewing claims. Some asbestos trusts, for example, have an expedited review that will settle mesothelioma claims faster and with a set payout amount. Other trusts have a review for each individual that is handled on a case-by-case basis, and may result in higher payout amounts. Still, other asbestos trusts are in a separate category referred to as “extraordinary claims,” which may combine elements of both kinds of reviews. The primary requirement for receiving compensation from an asbestos trust is proof that the victim was exposed to asbestos during the workplace of the company that is in debt. This can be proven through medical records, such as pathology and imaging scans or doctor's statements. The patient must also prove that exposure to asbestos triggered their illness. This can be proven through documentation, such as invoices, employment records and witness affidavits as well as other evidence. Once the evidence has been taken by your mesothelioma lawyer, they can submit it in accordance with the asbestos trust's procedures. Medical Experts Medical experts are essential in establishing a connection between asbestos exposure and the plaintiff’s illness. They review medical records and may perform physical examinations. They are also asked to review x-rays or pathology reports. They must be licensed physicians with a solid understanding of, or expertise in their fields of expertise. It can be difficult to determine the cause of asbestos disease as its symptoms may be similar to other diseases like heart disease and emphysema. For instance your pulmonologist may be able to tell you that your breath-shortness is due to your asbestos condition, but not what the reason. Since asbestos cases are complex issues experts are required to aid juries and judges. For instance, a doctor who has been trained in the area of toxicology is capable of establishing the connection between asbestos and certain diseases. Toxicology is the study of chemicals and their adverse impacts on living organisms. An epidemiologist is another expert in asbestos who investigates the spread and impact of diseases on specific populations. An epidemiologist's academic and professional background can be used to establish a link between exposure to asbestos and certain illnesses. Other asbestos experts include occupational and environmental health and safety professionals who can help determine the extent and type of a plaintiff's exposure asbestos. This is done by interviewing family members, coworkers, and analyzing workplace documents like invoices and work orders, delivery documents, supplier lists, etc. Also, testing samples taken from the plaintiff's residence or work site. It is also possible to determine the type of asbestos like amosite, crocidolite, or chrysotile by examining samples from a workplace and by analysing the chemical composition of the fibers. Experts can be costly and may account for the majority of a lawsuit's overall costs. Without the experience of these professionals, it would be very difficult to win a case against an asbestos defendant. If the case is not successful the victim could lose out on significant compensation. In the end, hiring these professionals is generally a wise investment.