Asbestos Exposure Litigation
Asbestos victims are entitled to compensation from companies accountable for their exposure. Mesothelioma cases fall under the products liability law and must establish that the victim was injured by exposure to asbestos-containing products made or sold by the defendant.
Asbestos sufferers can seek compensation to pay for mesothelioma treatments and help their families recover the income they lost. Every state has a statute of limitations that spells the deadlines for filing a lawsuit.
Statute of Limitations
For the majority of personal injury, the clock on a statute of limitations begins in the moment that the incident occurs. However, asbestos cases are different. Because of the long delay in asbestos's latency it can take several years before a diagnosis is made. This is why it's essential to consult a specialty lawyer as soon as you can.
A mesothelioma attorney can help determine if a claim is valid and the length of time before the statute of limitation expires. The attorney can also counsel the victim on filing a claim in multiple states if their asbestos exposure was in more than one location.
Asbestos victims may bring personal injury lawsuits as well as wrongful death lawsuits against companies that are responsible for their exposure. A successful lawsuit could lead to a substantial amount of money to cover medical expenses and loss of income and property damage, loss of quality of life, and other expenses.
However the law in each state is slightly different when it comes to the statute of limitations for asbestos claims. Certain states require that the clock begin to run as soon as an injury is discovered. Others follow a primary right theory or a specific law, such as California's Section 340.2.
The mesothelioma lawyers of Lanier Law Firm are well-versed in the law surrounding asbestos claims. The firm has represented clients from across the nation and helped them collect millions of dollars in compensation.
In general the lawsuit, the plaintiff seeks compensation for emotional, physical and psychological distress. The amount of the award can vary greatly depending on the individual's losses. However, some examples of losses are funeral and burial costs as well as lost income, loss of consortium as well as pain and suffering, mental anguish and many more.
A successful lawsuit could result in punitive damages being awarded against the asbestos-causing party. However the amount of punitive damages recouped will vary from state to the state. Some states only allow punitive damages that exceed $1,000,000, while others may not have a limit. Additionally the amount of punitive damages that can be awarded will depend on the degree of the harms claimed and the extent to which the defendant contributed to the injury.
Suits Types
When an asbestos exposure victim files a lawsuit, it may be on a personal injury or the basis of wrongful death. In both cases, the person faces an asbestos company to get compensation for their condition.
Asbestos victims typically file suits at the state level rather than the federal court system, because the law favors plaintiffs. After a lawsuit has been filed, the defendants are served with copies of the complaint and given a specific time frame to respond. In their response defendants usually deny all allegations and claim that someone else is responsible for the asbestos exposure.
A mesothelioma lawyer with experience can help victims gather the necessary evidence to prove their claims and assist with lawsuit filing. This includes mesothelioma diagnosis and treatment records as well as employment histories and other relevant documentation. They will also conduct a thorough investigation of the defendants to find out what they did and how they were exposed. This could include a look at for tax, union or corporate records.
Mesothelioma patients can make individual lawsuits or a group action. Asbestos class actions are a kind of litigation that allows people with similar injuries to join their legal proceedings in one case. However, mesothelioma lawsuits are unique in that they don't fit the mold for a typical class action, since mesothelioma is most often caused by a person's exposure to asbestos over a long period of time.
After a lawsuit has been filed, the attorneys will work with defendants to settle the matter and win it in court. The attorneys will negotiate for the victim, but it's essential that the victim is actively involved in the process. The plaintiff will be required to testify in depositions as well as in the courtroom.
If no settlement is reached, the case will go 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. In the event that a defendant is found to be responsible the judge will decide the compensation given to the victim.
Evidence
The first condition for an asbestos lawsuit to be successful is that the plaintiff suffered an injury from exposure to asbestos. This could include asbestosis mesothelioma, lung cancer, and mesotheliom. Victims of injuries are entitled to compensation for economic and noneconomic damages. Economic damages include the future and past medical expenses and lost income, lost earning potential, and other costs related to 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 create solid arguments by reviewing medical records, interviewing witnesses and reviewing internal memos from defendant asbestos manufacturers. This information can include asbestos databases, or other information that can pinpoint the location where the victims first came in contact with asbestos-related harmful asbestos fibers. Because the latency period that is that mesothelioma patients experience can make it difficult for patients to recall the exact details of their employment history, an experienced mesothelioma lawyer firm has the sources to discover this information.
Asbestos litigation may also involve several companies that are responsible for the injuries sustained by victims. Many companies that manufactured asbestos-containing products filed for bankruptcy, establishing trust funds to compensate future and present plaintiffs who were injured by the asbestos-containing products.
In the majority of instances, plaintiffs filing lawsuits against companies allege strict liability and negligence. The plaintiffs claim that the asbestos-containing firms failed to take reasonable precautions when manufacturing selling, distributing and using their products. This includes failing to warn workers of the dangers of asbestos-containing products and putting in place improper safety measures.
A successful asbestos case is based on a solid foundation of evidence. This includes medical records, expert testimony and witness testimony. The attorneys who represent the victims have a wealth of experience in asbestos litigation, and will ensure that all evidence is submitted before a judge or jury. They will also fight to secure victims the highest amount of compensation for their losses and injuries. The victims and those who love them deserve the best representation in this extremely serious case. A mesothelioma lawyer with experience should be sought out immediately to avoid missing deadlines.
Trial
Every asbestos claim is different and requires evidence specific to the case. However, there are common elements that appear in defense asbestos litigation seminar most cases. A plaintiff, for example must demonstrate that they were exposed to asbestos and that exposure caused their injury or illness. In addition an effective lawsuit usually includes compensating victims for past and future losses. This includes medical costs as well as lost income, discomfort and pain.
An experienced mesothelioma lawyer can help a victim build an argument for compensation. The first step is to file a claim with the appropriate court. The complaint outlines the situation and alleges the defendants were negligent for exposed asbestos to people. Following this the legal process of discovery starts. This includes depositions, interrogatories and requests for documents. During this period, attorneys on both sides will be working to gather the most evidence they can. Once this phase is complete lawyers will begin preparing for settlement or trial negotiations.
The defendants are required to respond after a lawsuit has been filed. Often, defendants file frivolous motions to avoid or reduce liability. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case gets moving quickly.
Asbestos litigation is currently in progress in the United States and around the world. This is because the companies who employed asbestos have not admitted the responsibility for their actions, and victims deserve fair compensation.
Asbestos lawsuits can be filed for personal injuries as well as wrongful deaths. Wrongful death claims are filed on behalf of family members who have lost a loved one due to asbestos exposure. The damages associated with the case of wrongful death include funeral and burial expenses, loss of companionship, mental anxiety, and the expense of medical bills and lost wages. A successful lawsuit could include damages for future losses such as lost income.