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How To Tell If You're Ready To Lawsuit Asbestos
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 analyze and identify the asbestos-related companies that are responsible for each patient's exposure.

If mesothelioma victims contact a law firm, they may be awarded compensation from asbestos-related defendants for medical expenses as well as loss of earnings and other damages. The compensation may take several years to collect.

The History of Asbestos Litigation

Asbestos is a naturally occurring mineral that was once commonly used in building and manufacturing products. This mineral is extremely durable and affordable, and is fire-proof and heat-resistant. Asbestos was widely used for its many desirable properties in industrial and commercial settings up to the 1970s, after which it was banned. Many thousands of people were afflicted by serious health complications such as mesothelioma and lung cancer.

As soon as medical researchers realized the health risks associated with asbestos many of the workers who suffered from health issues related to asbestos filed lawsuits against companies they believed exposed them to asbestos. These claims went on to become a huge legal dispute that has led to the closure of many companies insolvent and led to the creation of asbestos trust funds to compensate victims.

In the past asbestos litigation was handled differently than a typical personal injury case. It involved large groups of plaintiffs, numerous defendants, lengthy discovery and the use of experts as witnesses. Because of the complex nature of this type of lawsuit, it is crucial to hire a mesothelioma attorney who is familiar with the complexities 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 event in the history of asbestos lawsuits. This decision ruled that asbestos manufacturers were liable for injuries to employees who contracted asbestos-related illnesses like mesothelioma in the event that they failed to warn their employees of the dangers of their products.

Following the ruling an avalanche of asbestos-related claims came into the courts. Most of these claims were based upon the assumption that employers knew the asbestos they sold their workers was dangerous, but they did not warn them about the risks. Lawyers who handled these cases frequently solicited clients, bundled them into groups and filed them in a mass order to create a legal tsunami that would force defendants to settle for compensation.

The Statute of Limitations

Most personal injury cases have a statute of limitations which is a timeline that begins to run when an injury occurs and continues until a plaintiff files an action. For asbestos claims the statute of limitations is a bit more complicated than it is for other kinds of cases. This is because asbestos-related illnesses tend to develop over time, with symptoms and diagnoses occurring years after exposure to the toxic substances. In this way the "clock" in these instances often doesn't start until it becomes obvious that asbestos exposure led to an injury, which is different from the majority of personal injuries.

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

The time frame for filing an asbestos-related suit is contingent upon several factors, including where you lived and where you were first exposed. Based on the factors, your lawyer may choose to make the claim in the state where you were exposed to asbestos most. This can cause confusion about the statute of limitations because defendants could argue that the laws in the other state should be interpreted.

Before beginning the legal process, it is important that the victim and their family members are aware of the laws of each state. Especially if the victim or family members worked in more than one state or even moved between states, the applicable statute of limitations can be difficult to comprehend.

A mesothelioma lawyer can help you determine whether an exception to the statute of limitation or exemption is available and what the deadline for filing a lawsuit against asbestos in your case is. Your lawyer will gather all evidence available against the defendants at fault and file your lawsuit in the correct county court before the statute of limitations runs out.

Asbestos Trusts

Asbestos victims have the option of choosing between two options for compensation: asbestos trusts or lawsuits. Legal actions allow people to seek justice if they suffer from mesothelioma, or any other asbestos-related illness caused by negligent companies. Trust funds are used to seek financial compensation from asbestos companies which have gone out of business because of asbestos-related liabilities. The companies set up trusts to hide their assets and limit their liability in mesothelioma lawsuits. The courts forced these companies to create these trusts in order to ensure that victims would be compensated in monetary terms.

While it is possible to start a mesothelioma lawsuit and also pursue compensation from an asbestos trust, patients should be aware that this can be a time-consuming process. Patients with mesothelioma must work with an asbestos lawyer who has the expertise to gather all the documentation and evidence needed to complete both procedures. This includes supplying medical and work-related records dating to decades. This can be a challenging task but your lawyer will know where to look and how to get it.

Depending on which asbestos trust you are dealing with, there could be different ways of settling and reviewing claims. Some asbestos trusts, for example, have an expedited review that resolves mesothelioma claims quicker and has an amount that is set for payout. Other trusts have an individual review that is conducted on a case by case basis, and may result in higher payouts. Other asbestos trusts are in a separate category called "extraordinary claims" which may combine elements of both kinds of reviews.

Evidence of asbestos being present in the workplace is essential to be able to claim compensation from an asbestos trust. This can be proved through medical documents, like imaging scans and pathology or doctor's statements. The patient should also prove that asbestos exposure caused their illness. This can be demonstrated by submitting documentation like invoices, employment records, witness affidavits and other evidence. Once the proof has been obtained your mesothelioma lawyer is able to submit it to the asbestos trust according to their protocols.

Medical Experts

Medical experts are vital in establishing a link between asbestos exposure and plaintiff's disease. These professionals may also perform physical examinations as well as review medical documents. They are also asked to 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 cause of asbestos-related disease since its symptoms can be similar to those of other conditions such as emphysema and heart disease. For example your pulmonologist may be able to tell you that your breath shortness is related to your asbestos condition, but is not able to explain what the reason. Since asbestos cases are complex topics, expert witnesses are needed to assist judges and juries.

For example, a physician who has specialized training in the field of toxicology is able to help establish the connection between asbestos and certain diseases. Toxicology is the study of chemicals and their harmful impacts on living organisms. An epidemiologist is another expert in asbestos, who investigates the spread and impact of specific diseases on populations. An epidemiologist's academic and clinical background can be used to establish a connection between asbestos exposure and certain illnesses.

Other asbestos experts include occupational health and safety professionals who can help determine a plaintiff's asbestos exposure. This can be accomplished through interviews with coworkers and family members, and analyzing documents from the workplace, including invoices, work orders and delivery documents and supplier lists and testing samples taken from a plaintiff's work and home sites. By analyzing samples taken from the workplace and analyzing the chemical composition of the fibers it is possible to determine asbestos types such as amosite or chrysotile.

Experts are expensive and can account for a large portion of the total cost of an action. However, without the knowledge of these experts they would be incredibly difficult to win a case against asbestos defendants. If the case is unsuccessful the victim could lose out on significant compensation. In Hoover asbestos attorneys , hiring a professional is usually a wise investment.

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