Asbestos Exposure Litigation
Asbestos victims have the right to be compensated by the companies that caused their exposure. Mesothelioma claims fall under the product liability law, and must establish that a victim suffered harm due to exposure to asbestos-containing products that the defendant made or sold.
Asbestos sufferers can seek compensation to pay for mesothelioma treatments and help their families recover lost income. Each state has a set of timeframes in statutes of limitations.
Statute of Limitations
The statute of limitations starts to expire for the majority of types of personal injuries when an incident occurs. However, asbestos cases are different. For instance, it could take years between asbestos exposure and diagnosis because of the long latency time. This is why it is crucial to consult an attorney who specializes in asbestos 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 limitations expires. The lawyer can also advise the victim on filing a claim in several states if their asbestos exposure occurred 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 can result in a large amount of money that can be used to pay for medical expenses and lost wages, property damage, quality of life, and other losses.
However, the law in every state differs slightly when it comes to the statute of limitations for asbestos claims. Certain states require that the clock begin to run when an injury is discovered. Others follow a primary right theory or a specific law, like California's Section 340.2.
The lawyers from Lanier Law Firm's mesothelioma department are well-versed in the law surrounding asbestos claims. The firm has represented clients across the nation and helped them collect millions of dollars in compensation.
In general, the plaintiff seeks damages for emotional, physical, and psychological emotional and psychological distress. The amount of damages awarded will vary widely depending on the individual’s losses. Some examples of losses are funeral and burial costs, lost income as well as loss of consortium, pain and suffering mental anguish and many more.
A successful lawsuit could also recover punitive damages against the asbestos-causing party. However, the amount of punitive damages recouped will vary from state the state. Certain states will limit the amount to $1 million in punitive damages, however, other states could have no limit. The amount of punitive damage that can be awarded is contingent on the severity of alleged injuries and also the degree of the defendant's involvement in the injury.
Types of Suits
A person who has been exposed to asbestos can file a lawsuit to recover personal injury or wrongful death. In both cases, the victim goes up against an asbestos-related 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 is more favorable to plaintiffs. When a lawsuit is filed, defendants receive copies of the complaint. They have a specified time frame to respond. In their responses, defendants typically dismiss all allegations and argue that someone else was responsible for the asbestos exposure.
A seasoned mesothelioma lawyer will help patients gather evidence to back their claims and assist in lawsuit filing. This includes mesothelioma diagnoses and treatment records, employment histories, and any other relevant documents. They will also look over the defendants' files in depth to determine the source and method by which they were exposed. This could include a review corporate, union or tax records.
Mesothelioma patients can make individual lawsuits or a group action. Class actions involving asbestos are a kind of lawsuit that allows those with similar injuries to combine their legal proceedings in one case. Mesothelioma lawsuits differ from the typical class-action lawsuit because they are caused by asbestos exposure that is cumulative.
When what asbestos litigation pros and cons is filed, the lawyers will work with defendants to settle the matter and then win the case in court. They will negotiate on behalf of the victim, however, it is crucial that the victim remains active throughout the process. This is because the plaintiff will be required to provide testimony in court hearings and depositions.
If a settlement isn't reached, the case will proceed to trial. Typically, trials are heard by a jury or judge and the jury will decide whether defendants are responsible for the victim's exposure. In the event that a defendant is found to be responsible the judge will decide the amount of the damages awarded to the victim.
Evidence
The victim has to have suffered an injury due to asbestos exposure. This could include asbestosis mesothelioma, lung cancer and mesothelioma. Injured victims can receive compensation for economic and noneconomic damages. Economic damages include the cost of future and past medical treatment and loss of income loss of earning capacity, and other expenses related to their injuries. Non-economic damages include emotional stress, pain and suffering and loss of enjoyment of life.
A mesothelioma lawyer can assist patients and families build a strong argument by reviewing medical records, speaking with witnesses and studying internal memos of asbestos manufacturers that are defendants. This can include asbestos databases and other information that will pinpoint the location where the victims first came in contact with the harmful fibers. Since the time of latency that mesothelioma patients experience can make it difficult for patients to recall the exact details of their work experience, a mesothelioma lawyer firm has the sources to discover this information.
Asbestos litigation can also involve multiple companies that are liable for the harm suffered by victims. Many companies that made asbestos-containing products filed for bankruptcy, creating trust funds to compensate future and present claimants harmed by asbestos-containing products.
In the majority of cases, plaintiffs who file the lawsuit against the companies are claiming negligence and strict liability. Plaintiffs assert that asbestos-containing firms didn't exercise reasonable care when manufacturing, selling or distributing their products. This includes not warning workers of the dangers posed by asbestos, and putting inadequate safety measures in place.
A successful asbestos case relies on a solid foundation of evidence. This includes medical documents, expert testimony and witness testimony. The attorneys representing the victims are knowledgeable about asbestos litigation and will make sure that all documentation is submitted to a judge or jury. They will also fight to secure victims the highest amount of compensation for their injuries and losses. The victims and those who love them deserve the best legal representation in this serious matter. To avoid missing deadlines, it is crucial to speak with an experienced mesothelioma lawyer immediately.
Trial
Each asbestos claim is unique, and requires specific proof. Certain elements are common to most cases. A plaintiff, for example must be able to establish that they were exposed asbestos and that exposure led to their injury or illness. A successful lawsuit will also pay victims for any future or past losses. This includes medical treatment as well as lost income and suffering and pain.
A mesothelioma lawyer can help victims create a solid case for compensation. The first step is to file a claim with the appropriate court. The complaint details the case and alleges the defendants were negligent in exposure to asbestos by people. After this, the discovery process is legal. This includes interrogatories and depositions as well as requests for documents. In this phase lawyers will gather as much evidence as they can. After this stage is completed lawyers will begin preparing for trial or settlement negotiations.
The defendants are required to respond after a lawsuit has been filed. Often, defendants make frivolous motions in order to minimize or avoid liability. Our mesothelioma lawyers are skilled in thwarting these tactics and ensuring that your case is resolved quickly.
Asbestos litigation continues in the United States as well as across the globe. This is because the companies that used asbestos have not admitted the responsibility for their actions and the victims are entitled to fair compensation.
Asbestos lawsuits can be filed for both 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. In wrongful death claims the damages are funeral and burial costs as well as loss of companionship and mental distress, as well as medical bills and lost wages. A successful lawsuit could also include the payment of future damages, such as loss of income.