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Asbestos Exposure Litigation Asbestos victims have a right to compensation from the companies that caused their exposure. Mesothelioma claims fall under the products liability law, and must prove that a person suffered injury from exposure to asbestos containing products that the defendant sold or manufactured. Asbestos victims can seek compensation for mesothelioma treatments and to help their families recover lost income. But, each state has its own timeframes outlined in laws called statutes of limitations. Statute of Limitations The statute of limitations starts to run for most kinds of personal injuries as soon as an incident occurs. However, asbestos cases are different. For instance, it could take years between asbestos exposure and diagnosis due to the disease's long latency time. This is why it's essential to consult an expert lawyer as soon as you can. A mesothelioma attorney can help determine whether a claim is legitimate and the length of time before the statute of limitation expires. The attorney can also advise the victim about filing in more than one state if the asbestos exposure was in more than one area. Asbestos sufferers can make personal injury lawsuits or wrongful death lawsuits against companies that are responsible for their exposure. A successful lawsuit could lead to an award of a significant amount to help with medical expenses and lost income and property damage and loss of quality of life and other expenses. However the law in each state is slightly different when it comes to the time limit for asbestos claims. Certain states require that the clock begin to run as soon as an injury is discovered. Others adhere to a fundamental right theory or a specific law, such as California’s Section 340.2. Lanier Law Firm's mesothelioma attorneys are knowledgeable about the laws concerning asbestos claims. The firm has represented clients across the country and assisted them in recovering millions of dollars in compensation. Generally, the plaintiff seeks damages for emotional, physical and psychological stress. The amount of the award may vary greatly depending on the person's losses. Some examples of losses include funeral expenses burial expenses, loss of income, loss consortium, pain and 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 can only allow $1 million in punitive damages, while other states may have no limit. Additionally the amount of punitive damages which can be determined by the degree of the harms claimed and the degree to which the defendant has contributed to the injury. Suits Types If an asbestos exposure victim files a lawsuit, it may be on a personal injury or the basis of wrongful death. In both cases, the victim goes up against an asbestos-related company to receive compensation for their illness. Asbestos victims typically file suits at the state level rather than the federal court system, because the law favors plaintiffs. After an action is filed, defendants receive copies of the complaint. They have a specified timeframe to respond. Defendants usually deny any claims in their responses and claim that someone else is accountable for the asbestos exposure. An experienced mesothelioma attorney can help victims gather the necessary evidence to prove their claims, and also assist with lawsuit filing. This includes mesothelioma treatment and diagnosis records as well as employment histories and other relevant documents. They will also review the defendants in detail to determine the source and method by which they were exposed. This can include a review of the union, corporate and tax documents. Mesothelioma patients can bring individual lawsuits or a class action. Class actions involving asbestos are a type of litigation that allows people who suffer from similar injuries to join their legal actions in one case. However, mesothelioma cases are unique in the sense that they do not fit the typical class action, since mesothelioma is usually caused by cumulative asbestos exposure. Once a lawsuit has been filed, the attorneys involved will work with defendants to resolve the case or win it at trial. The attorneys will negotiate for the victim but it is vital that the victim remains active in the process. This is because the plaintiff will have to testify at depositions and court hearings. If no settlement is reached, the case will go to trial. Most trials are heard by a jury or a judge and the jury will decide whether 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 paid to the victim. Evidence The victim must have suffered an injury as a result of asbestos exposure. This could include mesothelioma asbestosis, lung cancer, and other conditions. Victims of injuries are entitled to compensation for both economic and non-economic damages. Economic damages are the costs of future and past medical care and loss of income lost earning capacity and other expenses arising from their injuries. Noneconomic damages include emotional distress as well as pain and suffering, and loss of enjoyment of life. A mesothelioma lawyer can help patients and families build a strong argument by reviewing medical records, interviewing witness and reviewing internal memos from defendant asbestos manufacturers. This can include asbestos databases and other data that could pinpoint where the victims were exposed to harmful asbestos fibers. Since Carson asbestos attorney of latency that mesothelioma sufferers experience can make it difficult for patients to recall the specific details of their work background, a seasoned mesothelioma attorney firm has the resources to find this information. Asbestos litigation can also involve multiple companies that are liable for the harm suffered by victims. Many of the companies who produced asbestos-containing products filed for bankruptcy proceedings, where trust funds were created for present and future claimants who were harmed by their products. In the majority of instances, plaintiffs filing lawsuits against companies allege strict responsibility and negligence. Plaintiffs claim that asbestos-containing companies didn't exercise reasonable care when manufacturing, selling, and using their products. This includes not informing workers of the dangers of asbestos, and putting inadequate safety measures in place. A successful asbestos case depends on a solid evidence base, including medical records, witness testimony, and expert testimony. The attorneys representing victims are knowledgeable about asbestos litigation and will ensure that all documentation is submitted to a jury or judge. They will also fight for the maximum compensation that is possible for the victims' injuries and losses. The victims and their loved ones need the best representation in this serious issue. An experienced mesothelioma attorney must be sought out immediately to avoid missing deadlines. Trial Each asbestos claim is unique and requires proof specific to the claim. There are some elements that are common to the majority of cases. For instance a plaintiff must prove they were exposed to asbestos and that exposure led to their illness or injury. A successful lawsuit can also compensate victims for future and past losses. This includes the cost of medical expenses as well as lost income and pain and suffering. A mesothelioma lawyer can help victims create a solid case for compensation. The first step is to file an action with the appropriate court. This document details the case and alleges the defendants were negligent in exposed asbestos to people. The legal process of discovery then begins. This includes depositions, interrogatories and requests for documents. During this time, attorneys on both sides will try to gather as much evidence as possible. After this stage attorneys will begin preparing for a trial or settlement negotiations. The defendants are required to respond when a lawsuit is filed. Often, defendants make frivolous motions to minimize or avoid liability. Our mesothelioma lawyers are adept in thwarting these tactics and ensuring that your case is resolved quickly. Asbestos litigation continues throughout the United States as well as all over the world. This is due to the fact that the companies who used asbestos haven't admitted responsibility for their actions, and victims deserve fair compensation. Asbestos lawsuits are filed for both personal injury and wrongful-death claims. Wrongful Death claims are brought by the family members of those who have lost loved ones to asbestos exposure. The damages incurred in wrongful death cases include funeral and burial costs and loss of companionship mental anxiety, and the expense of medical bills and lost wages. A successful lawsuit could also be a source of the payment of future damages, like lost income.