Asbestos Exposure Litigation
Asbestos victims can claim compensation from the companies responsible for their exposure. Mesothelioma claims fall under the product liability law. They must establish that a person suffered injury from exposure to asbestos containing products that the defendant manufactured or sold.
Asbestos victims can claim compensation for mesothelioma treatments and to help their families recover lost income. Each state has its own statute of limitations that sets out the deadlines for filing a lawsuit.
Statute of Limitations
The statute of limitations begins to run for all kinds of personal injuries as soon as an incident occurs. However, asbestos cases are different. For example, it can take years between asbestos exposure and diagnosis due to the long latency time. It is important to consult an expert lawyer as soon as you can.
A mesothelioma lawyer can help determine whether or not a claim is viable and how long is left before the statute of limitations runs out. The attorney can also advise the patient about filing in multiple states if their asbestos exposure occurred in more than one place.
Asbestos victims can make personal injury lawsuits or wrongful death lawsuits against the companies that caused their exposure. A successful lawsuit can result in a large financial award that will help pay for medical expenses and loss of wages or property damage, the quality of life and other damages.
However, the law in every state is different when it comes to the time limit for asbestos claims. Certain states have laws that require the clock to start clocking once the injury is discovered, whereas others adhere to a primary-rights theory or a specific statute, such as California's Section 340.2.
The mesothelioma lawyers at Lanier Law Firm are well-versed in the laws governing asbestos claims. The firm has helped clients recover millions of dollars from all over the country.
Generally, the plaintiff is seeking compensation for physical, emotional and psychological suffering. The amount of the award can differ greatly based on the individual's losses. Some examples of losses are funeral and burial expenses as well as lost income and consortium loss, pain and suffering mental anguish, and more.
A successful lawsuit can also result in punitive damages being recovered against the asbestos-causing party. However, the amount of punitive damages awarded will vary from state the state. Certain states allow punitive damages up to $1,000,000, whereas other states may not have a limit. The amount of punitive damage that can be awarded is contingent on the severity of alleged harms and also the degree of the defendant's role in the injury.
Suits of various types
If an asbestos exposure victim files a lawsuit, it could be based on a personal injury or wrongful death basis. In both instances, the victim is suing an asbestos company to recover compensation for their condition.
Asbestos victims usually have their cases filed in the state court system, rather than in the federal court system. This is because the law favors plaintiffs. When a lawsuit is filed, defendants receive copies of the complaint. They have a specified amount of time to respond. Defendants usually deny any allegations in their response and argue that someone else is to blame for the asbestos exposure.
An experienced mesothelioma attorney can help victims gather the necessary evidence to back their claims and assist in lawsuit filing. This includes mesothelioma treatment and diagnosis records including employment histories, treatment records, and other pertinent documentation. They will also review the defendants' records in depth to determine how and where they were exposed. This may include a thorough review of corporate, union and tax documents.
Mesothelioma patients are able to make individual lawsuits or a class action. Asbestos class actions are a type of litigation that allows people who suffer from similar injuries to join their legal proceedings into one case. Mesothelioma lawsuits differ from the typical class-action lawsuit because they are caused by asbestos exposure that is cumulative.
Once a lawsuit is filed, the attorneys involved will work with the defendants to resolve the case or win it at trial. They will negotiate on behalf of the victim however, it is crucial for the victim to remain an active participant throughout the process. The plaintiff is required to testify at depositions and in court.
If a settlement is not reached, the case will proceed to trial. Trials are typically heard by a jury or judge. The jury will decide if the defendants are responsible for the victim’s exposure. If a defendant is found liable the judge will decide the amount of compensation to be awarded to the victim.
Evidence
The victim must have sustained an injury due to asbestos exposure. This could include asbestosis, lung cancer and mesothelioma. Victims of injuries may be compensated for non-economic and economic damages. Economic damages are the cost of future and past medical care, loss of income, loss of earning capacity, and other expenses arising from their injuries. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
A mesothelioma lawyer can assist patients and their families develop a strong argument by reviewing medical records, speaking with witnesses and analyzing internal memos from asbestos manufacturers who are defendants. These databases could include asbestos data as well as other information that can identify the places where victims were exposed to harmful asbestos fibers. Since the time of latency that mesothelioma patients experience can make it difficult for patients to recall the exact details of their employment background, a seasoned mesothelioma attorney firm has the resources to find this information.
Asbestos litigation can also involve several companies who are responsible for the injuries sustained by victims. Many companies that made asbestos-containing products filed for bankruptcy, establishing trust funds to compensate future and present claimants harmed by the products.
In the majority of instances, plaintiffs filing lawsuits against companies assert strict responsibility and negligence. The plaintiffs claim that asbestos-containing companies failed to exercise reasonable care in manufacturing selling, distributing and using their products. This includes not warning workers about the dangers of asbestos-containing products, and putting in place improper safety measures.
A successful asbestos case relies on a solid evidence base, including medical records, witness testimony and expert testimony. The attorneys representing the victims are well-versed in asbestos litigation and will ensure that all evidence is presented to a jury or judge. They will also fight to get victims the maximum amount of compensation for their losses and injuries. The victims and their loved ones need the best representation in this serious issue. A mesothelioma lawyer with experience should be sought out immediately to avoid missing deadlines.
Trial
Every asbestos claim is unique and requires evidence specific to the case. However, there are some common elements that appear in the majority of cases. A plaintiff, for instance, must be able demonstrate that they were exposed to asbestos and that the exposure led to their injury or illness. A successful lawsuit will also be able to compensate victims for future and past losses. This includes medical expenses, lost income, and pain and suffering.
An experienced mesothelioma lawyer can assist the victim to build an effective case for compensation. The first step is filing an appropriate complaint with the court. The complaint details the case and claims that the defendants were negligent in exposing people asbestos. The legal process of discovery begins. This includes depositions, interrogatories, and requests for documents. During this time, lawyers on both sides will be working to gather the most evidence they can. Following this, the attorneys will prepare for the possibility of a trial or settlement negotiations.
The defendants must respond when a lawsuit is filed. Often, defendants try to minimize or eliminate liability by filing frivolous motions. Our mesothelioma lawyers are adept at thwarting such tactics and ensuring that your case is resolved quickly.
Asbestos litigation is currently ongoing in the United States and around the world. The companies that used asbestos are not liable for their actions, and the victims need an equitable amount of compensation.
Asbestos lawsuits are filed to address personal injury and wrongful-death claims. Wrongful death claims are filed on behalf of family members who have lost a loved one because of asbestos exposure. In wrongful death claims the damages are funeral and burial expenses as well as loss of companionship and mental distress, in addition to medical expenses and lost wages. A successful lawsuit may include damages for future damages such as lost income.