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How to File a Lawsuit Against an Asbestos Company

The best mesothelioma law firms have handled cases across a variety of jurisdictions. National law firms are the best equipped to analyze and identify the asbestos-related companies that are responsible for each patient’s exposure.

If mesothelioma victims contact a law firm, they could receive compensation from liable asbestos defendants for medical expenses and loss of earnings and other damages. However, getting this compensation may take years.

The History of Asbestos Litigation

Asbestos, a naturally occurring mineral was once widely employed in the production and construction of products. This material is cheap and durable as well as fire-proof and heat-resistant. Asbestos was used extensively due to its numerous properties that were desirable 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 issues such as mesothelioma and lung cancer, asbestosis and other diseases caused by exposure to this hazardous substance.

As soon as medical researchers recognized 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. These claims triggered a huge legal fight that resulted in numerous companies going into bankruptcy. Asbestos trust funds were created to help victims.

In YouTube was handled differently than a typical personal injury lawsuit. It involved large groups, multiple defendants, and lengthy discovery. Expert witnesses were also employed. Because of the complicated nature of this type of lawsuit, it is imperative to choose a mesothelioma attorney who is knowledgeable of the complexities of asbestos law and is able to better handle 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 decision stated that asbestos manufacturers were liable for injuries suffered by employees who contracted asbestos-related illnesses, such as mesothelioma, if they failed to inform their employees about the dangers of their products.

Following this ruling, asbestos-related lawsuits flooded the courts. The majority of these claims were based on the idea that employers knew that the asbestos they sold their workers was hazardous, 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, creating an unintended legal storm that would oblige defendants to settle.

The Statute of Limitations

In the majority of personal injury cases there is a statute or limitations period. This is a period of time that starts the moment an injury occurs, and continues until the plaintiff files their lawsuit. For asbestos claims the statute of limitations is a bit more complicated than it is for most other types of cases. This is because asbestos-related diseases usually develop over time with symptoms and diagnoses occurring years after exposure to the harmful substances. The "clock" isn't set until it is clear that asbestos exposure caused the injury. This is different from many other types of personal injuries.

This lengthy timeframe is the primary reason why asbestos litigation is so different from other personal injury lawsuits. You must act quickly to file a mesothelioma lawsuit or other asbestos-related claims. If you delay too long, you may not be able to take advantage of an exception to the statute of limitations or exemption, and you could be denied the compensation.

The deadline for filing an asbestos-related suit is contingent upon various factors, including where you lived and where you were first exposed. Based on the circumstances your lawyer might decide to submit your claim in the state where you were exposed to asbestos the most. This could lead to confusion regarding the statute of limitations, because defendants might argue that the law in the other state should be applicable.

Before starting the legal process, it is essential that the victims and their family members are aware of the laws in every state. Particularly if the person who is being sued or their family members have worked in more than one state, or even relocated between states, the applicable statute of limitations can be difficult to comprehend.

A knowledgeable mesothelioma lawyer will assist you in determining whether a statute-of-limitations exemption or exception is applicable and when the correct deadline is for filing an asbestos lawsuit in your specific case. Your lawyer will collect all evidence against the parties at fault and file your lawsuit in the appropriate county court prior to the statute of limitations expiring.

Asbestos Trusts

Asbestos victims can choose between two options for compensation which are asbestos trusts or lawsuits. Lawsuits allow victims to seek justice for their mesothelioma or any other asbestos-related illness caused by negligent businesses. Trust funds however are a method of seeking financial compensation from bankruptcy asbestos businesses that went 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 be compensated in monetary terms.

Although it is possible to file a mesothelioma lawsuit and also seek compensation from an asbestos trust, victims should understand that this can be a lengthy process. Patients with mesothelioma should work with an asbestos lawyer who is experienced to collect all the documentation and evidence needed to complete both processes. 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 obtain it from different sources.

Based on the asbestos trust, there are a variety of procedures for reviewing and settling claims. Certain asbestos trusts, for instance, have an expedited review which resolves mesothelioma claims quicker and has a set payout amount. Some asbestos trusts have a review process that is conducted on a case-by-case basis. This could result in higher payouts. Other asbestos trusts have an "extraordinary claim" category that can combine elements from both kinds of reviews.

Proof that asbestos was present in the workplace is necessary to receive compensation from an asbestos trust. This can be proved through medical documents, such as imaging scans and pathology reports or doctor's notes. The patient must be able to prove that exposure to asbestos triggered their illness. Documentation such as employment records and invoices can be used to show this. Once the evidence has been taken by your mesothelioma lawyer and submitted to the asbestos trust, they can submit it in accordance with the asbestos trust's protocols.

Medical Experts

Medical experts are vital in establishing a link between asbestos exposure and plaintiff’s illness. These professionals evaluate medical records and can perform physical examinations. Additionally they are often required to look at x-rays or pathology reports. They must be licensed doctors with a solid understanding of, or expertise in their fields of expertise.

Because asbestos-related symptoms can mimic those of many other ailments, like heart disease or emphysema, it can be difficult to determine the causation. Your pulmonologist may be able tell you that shortness of breath is due to your asbestos-related condition, but not the reason. Expert witnesses are required since asbestos cases are complicated.


A doctor with specialized training in toxicology can help establish the link between asbestos and certain illnesses. Toxicology is the 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 their experience in the field of medicine and academics to establish a connection between exposure to asbestos and certain illnesses.

Other asbestos experts include occupational health and safety experts who can assist in determining a plaintiff's asbestos exposure. This can be done by conducting interviews with co-workers and family members, analyzing workplace documentation such as invoices, work orders, delivery documents and supplier lists, and testing samples taken from a plaintiff's workplace and home. Through the analysis of samples taken from the workplace, and by studying the chemical composition of fibers, it is possible to distinguish asbestos types like amosite or chrysotile.

Experts can be costly and be a significant portion of the total costs of a lawsuit. Without the expertise of these people it could be extremely difficult to prevail in a lawsuit against asbestos defendants. If the case was unsuccessful, the victim may lose a significant amount of compensation. Hiring these professionals is often an investment that is worthwhile.

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