Asbestos Exposure Litigation
Asbestos victims have the right to receive compensation from the companies responsible for their exposure. Mesothelioma claims fall under the products liability law, and must establish that a person suffered injury from exposure to asbestos-containing products the defendant sold or manufactured.
Asbestos patients can seek compensation for mesothelioma treatment and to assist their families in recovering lost income. Each state has time frames outlined in laws called statutes of limitations.
Statute of Limitations
The statute of limitations begins to expire for the majority of kinds of personal injuries as soon as an incident occurs. However, asbestos cases are different. For example, it can take years between exposure to asbestos and diagnosis due to the disease's long latency. This is why it is so important to speak with a specialty lawyer immediately.
A mesothelioma attorney can help determine whether a claim is legitimate and how much time remains before the statute of limitations expires. The attorney can advise the patient to file a claim in several states in the event that they were exposed to asbestos in more than one place.
Asbestos exposure victims may file a personal injury lawsuit or wrongful death lawsuit against the companies that are responsible. A successful lawsuit can result in a large financial settlement that will pay for medical expenses and loss of wages, property damage, quality of life, and other losses.
However the law in each state is slightly different regarding the statute of limitations for asbestos claims. Certain states require that the clock begins to run as soon as an injury is discovered. Others follow a primary right theory or a specific law, like California's Section 340.2.
The mesothelioma lawyers of Lanier Law Firm are well-versed in the law surrounding asbestos claims. The firm has helped clients recover millions of dollars across the country.
Generally speaking, the plaintiff seeks damages for emotional, physical and psychological suffering. The amount of the award could vary greatly depending on the individual's losses. However, some examples of losses include funeral and burial costs and income loss and consortium loss, pain and suffering, mental anguish and many more.
A successful lawsuit may also result in punitive damages being awarded to the asbestos-causing party. The amount of punitive damages recovered will vary from state to state. Some states only allow punitive damages up to $1,000,000, whereas other states may not have a limit. In addition the amount of punitive damages that can be determined by the severity of the alleged harms and the degree to which the defendant contributed to the harm.
Suits Types
A victim of asbestos exposure may file a lawsuit for personal injury or wrongful death. In both cases, a victim seeks to sue an asbestos company in order to seek compensation for the illness they have suffered.
Asbestos victims usually make their claims at the state court level and not in the federal court system. This is because the law favors plaintiffs. Once a lawsuit has been filed, defendants are given copies of the complaint and given a specific time frame to respond. Defendants usually deny any claims in their response and argue that a third party is responsible for the asbestos exposure.
A seasoned mesothelioma lawyer will assist victims in gathering evidence to support 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 conduct a thorough review of the defendants to find out the circumstances under which they were exposed. This could include a review of the tax, union or corporate records.
Mesothelioma patients can file individual lawsuits or a class action. Asbestos class action is a type of litigation that allows people who suffer similar injuries to combine legal proceedings into one case. Mesothelioma suits differ from the typical class-action lawsuit because they are triggered by asbestos exposure over a long period of time.
After a lawsuit is filed, the lawyers will collaborate with defendants in order to settle the matter and win it in court. They will negotiate on behalf of the victim, however, it is crucial for the victim to be an active participant throughout the process. This is because the plaintiff will be required to provide testimony in court hearings and depositions.
If a settlement cannot be reached the case will go to trial. Most trials are heard by a jury or judge and the jury will decide whether the asbestos litigation trends defendants should be held accountable for the exposure of the victim. In the event a defendant is found liable to pay compensation, a judge will decide the amount of the damages paid to the victim.
Evidence
The first requirement for an asbestos lawsuit to be successful is that the plaintiff suffered an injury as a result of exposure to asbestos. This could include asbestosis mesothelioma, lung cancer and mesothelioma. Victims of injury are entitled to compensation for both economic and noneconomic damages. Economic damages include the cost of future and past medical treatment, loss of income, loss of earning capacity, and other expenses related to their injuries. Non-economic damages include emotional stress along with pain and suffering as well as loss of enjoyment of life.
A qualified mesothelioma attorney can assist patients and their families create an effective case by looking over medical records, interviewing witnesses, and analyzing internal memos and documents from the defendant asbestos manufacturers. The information could include asbestos databases or other information that can identify the place where victims first came in contact with the harmful asbestos fibers. A mesothelioma lawyer can help discover this information as the mesothelioma's latency time can make it difficult for patients to recall their specific work history.
Asbestos litigation could include multiple companies that are responsible for injuries suffered by victims. Many of the companies that made asbestos-containing products filed for bankruptcy proceedings, where trust funds were created for present and future claimants who were injured by their products.
In the majority of cases, plaintiffs who bring the suit against the companies are asserting negligence and strict liability. The plaintiffs claim that the asbestos-containing companies failed to exercise reasonable care in manufacturing and selling their products. This includes failing to warn employees of the dangers associated with a asbestos-containing product and putting in place improper safety measures.
A successful asbestos case depends on a solid foundation of evidence. This includes medical records, expert testimony, and witness testimony. The attorneys representing victims are well-versed in asbestos litigation and will make sure that all evidence is presented to a jury or judge. They will also fight to secure victims the highest amount of compensation for their injuries and losses. The victims and their loved ones need the best representation in this serious matter. To avoid missing deadlines, it is crucial to speak with an experienced mesothelioma lawyer right away.
Trial
Each asbestos claim is unique and requires proof specific to the claim. Certain elements are common to all cases. A plaintiff, for instance, must be able demonstrate that they were exposed to asbestos and that the exposure led to their illness or injury. In addition an effective lawsuit usually involves compensating victims for past and future losses. This includes medical expenses, lost income and pain and discomfort.
A mesothelioma lawyer can assist victims create a solid case for compensation. The first step is to file an action with the appropriate court. The complaint outlines the situation and alleges the defendants were negligent for exposing people asbestos. The legal process of discovery begins. This includes interrogatories, depositions and requests for documents. During this phase lawyers will gather as much evidence as they can. When this phase is finished attorneys will prepare for settlement or trial negotiations.
Once the lawsuit is filed, the defendants have to respond. Often, the defendants will try to reduce or avoid liability by filing frivolous motions. Our mesothelioma lawyers are skilled in securing the best possible outcome and ensuring that your case is resolved quickly.
Asbestos lawsuits are currently pending in the United States and around the world. This is due to the fact that the companies that used asbestos have not accepted the responsibility for their actions, and victims deserve fair compensation.
Asbestos lawsuits are available for both personal injuries and wrongful death. Wrongful death claims are filed by the family members of those who have lost loved ones due to asbestos exposure. In wrongful death claims damages can include funeral and burial costs along with loss of companionship, mental distress, as well as medical bills and lost wages. A successful lawsuit can also include damages for future damages like lost income.