How to File a Lawsuit Against an Asbestos Company

The top mesothelioma lawyers have handled cases in a variety of jurisdictions. Lawyers with national resources of law firms are the best to research and determine which asbestos companies are responsible for the exposure of each patient.

When mesothelioma patients contact a law firm, they could receive compensation from liable asbestos defendants for medical expenses as well as loss of earnings and other damages. This compensation can 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 inexpensive and strong, as well as heat-resistant and fire-proof. Due to its numerous desirable attributes, asbestos was frequently employed in commercial and industrial settings up until the 1970s, when it was banned. During that time there were thousands of people suffering from serious health complications like mesothelioma, asbestosis, lung cancer and other illnesses caused by exposure to this hazardous substance.

As soon as medical researchers began to realize asbestos's health risks and asbestos-related illnesses, a lot of workers who had the health issues complained against the companies they believe exposed them to the harmful asbestos. The claims grew to become a huge legal dispute that has made numerous companies in debt and led to the creation of asbestos trust funds to pay victims.


In the past asbestos litigation was handled a bit differently than the typical personal injury case. It involved large groups, numerous defendants and lengthy discovery. Expert witnesses were also used. Due to the complexity of this type of lawsuit, it is essential to find a mesothelioma lawyer who is familiar with the complexities of asbestos law and is able to better manage 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. This decision ruled that asbestos producers were responsible for injuries sustained by workers who developed asbestos-related illnesses, such as mesothelioma, if they failed to inform their employees about the dangers associated with their products.

Following this ruling an avalanche of asbestos-related claims came into the courts. The majority of these claims were based upon the assumption that employers were aware that the asbestos they sold to their workers was dangerous and didn't warn their employees of the dangers. Lawyers who handled these cases typically approached clients, organized them into groups and filed them in bulk in order to create a legal tsunami that would make defendants pay compensation.

The Statute of Limitations

In the majority of personal injury lawsuits, there is a statute or limitations period. This is a time limit that starts when an injury occurs and continues until the plaintiff files their lawsuit. The statute of limitations for asbestos-related claims is more complicated than other kinds. This is due to the fact that asbestos-related diseases usually develop over time with symptoms and diagnoses occurring several years after exposure to toxic substances. The "clock" doesn't begin until it is evident that asbestos exposure is the cause of the injury. This is different from most other types of personal injuries.

This timeframe is one of the primary reasons asbestos litigation differs from other personal injury lawsuits. To file a mesothelioma lawsuit or another asbestos-related claim, you must act swiftly. If you wait too long, you might no longer be able to take advantage of a statute of limitations exception or exemption and may miss out on compensation.

The time limit to file an asbestos-related lawsuit depends on several factors that include where you resided and where you were first exposed. Based on these factors your attorney may decide to file a claim in the state where most of your exposure occurred. This could lead to confusion about the statute of limitations, since defendants may argue that the law in the other state should be applicable.

Before beginning the legal process, it is crucial that the victims and their families are aware of the laws in each state. The applicable statute of limitations can be confusing, especially in cases where the victim and family members have lived in more than one location or even moved from state to state.

An experienced mesothelioma lawyer can help you determine if a statute of limitations exception or exemption applies and when the correct deadline is for filing an asbestos lawsuit in your particular case. Your lawyer will gather all evidence against the parties at fault and file your case in the correct county court before the expiration date of the statute of limitations.

Asbestos Trusts

Asbestos victims can choose between two compensation options which are asbestos trusts or lawsuits. Lawsuits are a way for people to seek justice if they suffer from mesothelioma, or any other asbestos-related diseases caused by negligent businesses. Trust funds are, on the other hand, are a means of seeking financial compensation from bankruptcy asbestos businesses that went out of business because of their asbestos-related liabilities. These companies established trusts to conceal their assets and reduce their liability in mesothelioma lawsuits. However, the courts compelled these companies to create these trusts to ensure that victims receive financial compensation.

While it is possible to make a mesothelioma-related lawsuit and also seek compensation from an asbestos trust, patients should be aware that this can be a time-consuming process. Patients suffering from mesothelioma should consult with an asbestos attorney who has the experience to gather all the documentation and evidence required to complete both procedures. This includes supplying work and medical records dating to decades. This can be a daunting task, but your lawyer will know what to look for and how to get the information from different sources.

Depending on which asbestos trust you're dealing with, there could be different procedures for settling and reviewing 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 done on a case-by case basis. Abilene asbestos attorney can result in heftier payout amounts. Other asbestos trusts have a distinct category called "extraordinary claims," that can include elements from both types of reviews.

The most important requirement for receiving compensation from an asbestos trust is evidence that the victim was exposed to asbestos in the work environment of the company that is in debt. This can be proved by medical records like imaging scans, pathology reports and doctor's statements. In addition, the victim must prove that asbestos exposure led to the diagnosis of their condition. Documentation such as employment records and invoices can be used to prove this. After the evidence 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 vital in establishing a connection between asbestos exposure and the plaintiff's illness. These experts can also conduct physical examinations and evaluate medical documents. Additionally they are often asked to look over x-rays and pathology reports. They must be licensed doctors who have experience or expertise in their area of expertise.

Because the symptoms of asbestos diseases can mimic those of many other diseases, including heart disease or emphysema it can be difficult to determine the causation. Your pulmonologist could explain that your inability to breath is due to your asbestos-related condition, but not why. Expert witnesses are required because asbestos cases are complex.

For example, a physician who has been trained in the field of toxicology can be able to help establish the connection between asbestos and certain illnesses. Toxicology is a study of chemicals that affect living organisms and their toxicological properties. Another important asbestos expert is an epidemiologist, who investigates the spread of disease in specific populations. An epidemiologist can draw on his or her experience in the field of medicine and academics to establish a link between exposure to asbestos and certain diseases.

Other asbestos experts include occupational health and safety specialists who can help determine a plaintiff's asbestos exposure. This can be done through interviews with coworkers and family members, as well as analyzing documentation from the workplace that includes work orders, invoices, delivery documents, and supplier lists, and analyzing samples from plaintiff's home and work sites. It is also possible to determine the kind of asbestos like amosite, chrysotile, or crocidolite - by examining samples from a work environment and analysing the chemical composition of the fibers.

Experts are expensive and can account for a large portion of the total cost of an action. Without the expertise of these experts they would be extremely difficult to win a case against an asbestos defendant. If the case fails, the victim may be denied a substantial amount of compensation. The hiring of these professionals is typically an investment worth it.