First Steps to Filing a Lawsuit
If you have been harmed as the result of another’s negligence, then it is important for you to determine who exactly holds responsibility for your injuries. Since asbestos-related diseases like mesothelioma take so many years to develop, it can take some time to unravel the mystery and find out who should be held liable.
Unfortunately, pinpointing liability can be difficult. Determining whether or not you have a case, whether or not the companies you worked for are still in business, and whether or not their successor companies can be sued instead takes a lot of hard work. If you enlist the help of an attorney, however, this process can be made much easier. Mesothelioma lawyers have the knowledge and experience to determine responsibility much quicker than you could on your own.
Work History
The first step in determining how you were exposed to asbestos is to closely examine your work history. It can take much time to obtain the necessary information, so you should begin working with an attorney right away on gathering documents and materials. You are the one person who best knows your own work history, so it is up to you to start this process as soon as possible.
This doesn’t mean that all is lost if you are filing a lawsuit on behalf of a loved one who has died from an asbestos-related disease. There are records that prove where someone worked and whether they worked with asbestos; collecting those records is the second step.
Medical & Social Security Records
The next issue to tackle is that of collecting medical records. Because of all of the paperwork involved, it can take up to six months to gather all of the medical records of the patient’s treatment. If you are filing a lawsuit, then these records will be reviewed by a mesothelioma expert. Usually, the expert who reviews the records is a pathologist. Specialized pathologists can be trained to diagnose asbestos mesothelioma and can explain the disease and its connection to asbestos exposure to a jury, should your case go to trial. The expert working on your case will compile a useful report over the medical records.
Your social security records will also need to be ordered and examined. These documents will prove your work history, starting from the day you took your first job. They will be important in proving that you worked for companies that mined asbestos, manufactured products containing asbestos, or used asbestos-containing products in a trade or construction. If you are the spouse of someone who worked with asbestos and you developed mesothelioma from the fibers brought home on his or her clothing, then your spouse’s work records will also need to be collected.
The Decision to File Suit
Once you and your attorney have put all the pieces of your case in place – you know when and where you were exposed to asbestos, what your diagnosis is, and who the culprits are – can you successfully determine if it is appropriate to file a lawsuit. Contact the asbestos lawyers of Williams Hart by calling