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How to File Citrus Heights asbestos lawyers Against an Asbestos Company Top mesothelioma lawyers handled cases in many different areas. Firms with nationwide law firm resources are best suited to investigate and determine which asbestos companies are responsible for the exposure of each patient. When victims contact a mesothelioma law firm, they can receive compensation from liable asbestos defendants for medical expenses as well as loss of earnings and other damages. The compensation may take several years to obtain. The History of Asbestos Litigation Asbestos is a natural mineral that was once widely used in manufacturing and building products. This material is strong and affordable, and is fire-proof and heat-resistant. Asbestos was widely used for its numerous desirable properties in commercial and industrial settings up until the 1970s, after which it was banned. Many thousands of people were afflicted by serious health issues such as mesothelioma and lung cancer. When medical researchers recognized the dangers to health associated with asbestos many of the workers who suffered from health issues resulting from asbestos filed lawsuits against companies that they believed exposed them to asbestos. These claims went on to become a huge legal dispute that has led to the closure of numerous companies in debt and led to the establishment of asbestos trust funds that compensate victims. In the past, asbestos litigation was handled a bit differently than the typical personal injury case. It involved large numbers 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 imperative to find a mesothelioma lawyer who understands the intricacies of asbestos law and can better manage these cases. One of the most significant moments in the history of asbestos litigation occurred 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 ruling stated that asbestos manufacturers were liable for injuries to employees who contracted asbestos-related illnesses, such as mesothelioma, in the event that they failed to inform their employees of the dangers of their products. After the ruling, asbestos-related lawsuits began flooding the courts. Most of the claims were based on the assumption that employers knew the asbestos they sold their workers was hazardous, but did not warn them about the risks. Lawyers who handled these cases often solicited clients, bundled them into groups and filed them in a mass order to create an unintended legal tsunami that would make defendants pay compensation. 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 begins when an injury occurs until the plaintiff files their claim. The statute of limitations for asbestos-related claims is more complicated than most other types. This is because asbestos-related illnesses tend to develop over time, with symptoms and diagnoses appearing years after exposure to the toxic substances. The “clock” does not begin until it is evident that asbestos exposure is the cause of the injury. This is different than most other types of personal injuries. This timeline is among the main reasons asbestos litigation differs from other personal injury lawsuits. You must act swiftly to file a mesothelioma case or other asbestos-related claims. You may not be able take advantage of an exception or exemption to the statute of limitations if you put off filing a claim for too long. The deadline for filing an asbestos-related lawsuit depends on a number of factors that include where you resided and where you first exposed. Depending on these variables the attorney could decide to submit a claim in the state where the majority of your exposure occurred. This can sometimes cause confusion regarding the statute of limitations as defendants will claim that the law of the other state should apply. It is important for the family members of victims to be aware of the laws of each state before starting the legal process. Particularly if the person who is being sued or their family members have been employed in more than one state or even moved between states, the law applicable to them and the statute of limitations can be confusing to comprehend. A knowledgeable mesothelioma lawyer will assist you in determining whether a statute-of-limitations exception or exemption applies and what the proper deadline is to file an asbestos lawsuit in your particular case. Your lawyer will gather any evidence available against the defendants at fault and file your suit with the correct county court before the statute of limitations runs out. Asbestos Trusts Asbestos victims have two options to seek compensation: lawsuits and asbestos trusts. Lawsuits allow individuals to seek justice for their mesothelioma or any other asbestos-related illness caused by negligent companies. Trust funds, on the other hand, are a means of seeking financial compensation from bankrupt asbestos businesses that went out of business due to their asbestos-related liabilities. The companies set up trusts to hide their assets and limit their liability for mesothelioma suits. The courts forced these companies into creating trusts to ensure that victims would receive monetary compensation. Although it is possible to make a mesothelioma-related lawsuit and also seek compensation from an asbestos trust, those who suffer should be aware that this can be a time-consuming procedure. It is essential for mesothelioma patients to work with an experienced asbestos lawyer who can help collect the required documentation and evidence to complete both processes. This includes supplying work and medical records from decades ago. This can be a difficult task however, your lawyer will know where to search and how to obtain it. Depending on which asbestos trust you're dealing with, there could be different ways of the settlement and review of claims. Certain asbestos trusts, for example, have an expedited review process that settles mesothelioma claim faster with an amount that is set for payout. Others have an individual review process that is conducted on a case by case basis and can result in larger payouts. Other asbestos trusts have an “extraordinary claim” category that allows for the combination of elements from both types of reviews. The main requirement for obtaining compensation from an asbestos trust is proof that the victim was exposed to asbestos in the course of work at the company that is in debt. This can be proven through medical documents such as pathology reports, imaging scans and physician statements. The patient must be able to prove that asbestos exposure caused their illness. This can be proven by submitting documentation like invoices, employment records, witness affidavits and other evidence. Once the evidence has been collected by your mesothelioma lawyer, they can submit it in accordance with the asbestos trust's procedures. Medical Experts Medical experts are crucial in establishing a connection between asbestos exposure and the plaintiff's disease. These experts can also conduct physical examinations and review medical records. They are also asked to examine x-rays or reports on pathology. They must be licensed physicians with a solid understanding of, or expertise in, their fields of expertise. Since asbestos-related symptoms can be similar to those of other diseases, including heart disease or emphysema determining causation can be difficult. Your pulmonologist may be able to tell you that the shortness of breathe is caused by your asbestos condition, but not the reason. Expert witnesses are required because asbestos cases are complicated. For instance, a doctor who has been trained in the area of toxicology is capable of establishing the link between asbestos and certain illnesses. Toxicology is the study of chemicals and their negative impacts on living organisms. An epidemiologist is a specialist in asbestos, who investigates the spread and impact of certain diseases on particular 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 experts who can help determine the extent and type of a plaintiff's exposure asbestos. This can be done by interviewing relatives, coworkers and analyzing work-related documents like invoices or work orders, delivery documents, supplier lists etc., and 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 looking at samples taken from the workplace and looking at the chemical composition of the fibers. Experts can be costly and can account for the majority of a lawsuit's overall costs. However, without the knowledge of these experts they would be incredibly difficult to win a case against an asbestos defendant. If the case fails the victim could be deprived of substantial compensation. In the final analysis, hiring these professionals is generally a wise investment.