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Asbestos Exposure Litigation Asbestos victims have the right to be compensated by the companies that caused their exposure. Mesothelioma claims fall under the products liability law. They must prove that a victim was injured due to asbestos containing products that the defendant made or sold. Asbestos sufferers can seek compensation to cover the cost of mesothelioma therapies and also help their families recover income lost. 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 types of personal injuries the moment an incident occurs. However, asbestos cases are different. Because of the long time of latency for asbestos it can take years before a diagnosis can be established. This is why it is crucial to consult an expert lawyer as soon as you can. A mesothelioma attorney can help determine whether a claim is valid and the time remaining before the statute of limitation expires. The attorney can advise the victim on filing in multiple states in the event that they were exposed to asbestos in more than one area. Asbestos victims may bring personal injury lawsuits as well as wrongful death lawsuits against companies responsible for their exposure. A successful lawsuit could result in an award of a significant amount to cover medical costs and loss of income or property damage and loss of quality of life, and other expenses. The time limit for every state is different. Some states have statutes that require the clock to begin running as soon as the injury is discovered, while others follow a principle-right theory or specific statutes such as California's Section 340.2. Lanier Law Firm's mesothelioma attorneys are familiar with the law surrounding asbestos claims. The firm has helped clients recover millions of dollars from all over the country. Generally, the plaintiff is seeking compensation for their physical, emotional and psychological stress. The amount of the award could vary greatly depending on the extent of the loss. Some examples of losses include funeral and burial costs and income loss, loss of consortium, pain and suffering, mental anguish and more. A successful lawsuit can also be able to recover punitive damages from the asbestos-causing party. The amount of punitive damage that is awarded will vary from state to state. Certain states will only allow $1 million in punitive damages however, other states could have no cap. Additionally, the amount of punitive damages which can be granted will be based on the degree of the harms claimed and the extent to which the defendant contributed to the injury. Suits Types A victim of asbestos exposure can file a lawsuit to recover personal injury or wrongful deaths. In both cases, a person sues an asbestos company to recover compensation for the illness they've suffered. Asbestos victims typically make their claims at the state court level instead of in the federal court system. This is because the law favors plaintiffs. When an action is filed, defendants receive copies of the complaint. They have a specified timeframe to respond. In their response defendants usually reject all allegations and assert that someone else is accountable for the asbestos exposure. A seasoned mesothelioma lawyer will help patients gather evidence to back their claims and assist in filing lawsuits. This includes mesothelioma diagnosis and treatment records, employment history and any other pertinent documents. They will also look over the defendants' records in depth to determine how and where they have been exposed. This can include a review of corporate, union and tax documents. Mesothelioma patients are able to make individual lawsuits or a class action. Class actions involving asbestos are a kind of lawsuit that allows those who suffer from similar injuries to join their legal proceedings in one case. However, mesothelioma lawsuits are unique in the sense that they don't fit the typical class action, since mesothelioma can be caused by cumulative asbestos exposure. After a lawsuit is filed, the lawyers will work with defendants to settle the case and then win the case in court. The attorneys will negotiate for the victim, but it's essential that the victim is active in the process. This is because the plaintiff will be required to provide testimony during court hearings and depositions. If no settlement is reached, the case will go to trial. Arlington asbestos lawsuits of trials are conducted by a jury or judge and the jury will decide whether defendants are accountable for the victim's exposure. If a defendant is found liable to pay compensation, a judge will decide the amount of the damages paid to the victim. Evidence The most important prerequisite for an asbestos lawsuit to be successful is that the plaintiff suffered an injury due to exposure to asbestos. This can include mesothelioma, asbestosis, lung cancer, and a variety of other conditions. Victims of injuries can be awarded compensation for non-economic and economic damages. Economic damages can include the cost of medical treatment in the past and in the future and lost income, lost earning potential, and other costs related to their injuries. Noneconomic damages include pain, suffering, emotional distress and loss of enjoyment of life. A qualified mesothelioma attorney can help patients and their families construct an argument that is solid by reviewing medical records, interviewing witnesses, and analyzing internal memos and documents from the asbestos manufacturers who are defendants. This information can include asbestos databases and other information that can pinpoint the location where the victims first came in contact with asbestos-related harmful asbestos fibers. A mesothelioma lawyer is able to help uncover this information because the latency period of mesothelioma can make it difficult for patients to remember their exact work history. Asbestos litigation may also involve multiple companies who are liable for injuries suffered by victims. Many of the companies who produced asbestos-containing products went through bankruptcy proceedings through which trust funds were established for claimants both present and future who were injured by their products. In most cases, the plaintiffs who file the lawsuit against the companies are asserting negligence and strict liability. Plaintiffs claim that asbestos-containing companies did not take reasonable precautions in the manufacturing, selling or using their products. This includes not warning workers of the dangers of a asbestos-containing product and putting in place improper safety measures. A successful asbestos case depends on a strong evidence base, which includes medical records, witness testimony and expert testimony. The attorneys representing victims are knowledgeable about asbestos litigation and will make sure that all evidence is presented to a judge or jury. They will also fight to secure victims the maximum compensation available for their losses and injuries. The victims and their families deserve the best representation for this serious issue. To avoid being late, it is essential to speak with an experienced mesothelioma lawyer immediately. Trial Each asbestos claim is unique and requires specific evidence. There are some elements that are common to all cases. For instance, a plaintiff must prove they were exposed to asbestos and that the exposure caused their illness or injury. Additionally, a successful lawsuit typically includes compensating victims for past and future losses. This includes medical expenses as well as lost income and pain and suffering. An experienced mesothelioma lawyer can help a victim build a strong case for compensation. The first step is to file a complaint in the appropriate court. This document details the case and alleges the defendants were negligent for exposed asbestos to people. After this the legal process of discovery begins. This includes interrogatories, depositions and requests for documents. During this stage attorneys will collect as much evidence possible. After this stage the attorneys will prepare for the possibility of a trial or settlement negotiations. The defendants must respond when the lawsuit has been filed. Often, defendants will file frivolous motions to minimize or avoid liability. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case is resolved quickly. Asbestos lawsuits are currently pending in the United States and around the world. The companies that used asbestos are not accepting responsibility for their actions, and the victims deserve fair compensation. Asbestos lawsuits can be filed for both personal injuries and wrongful deaths. Wrongful Death claims are filed by relatives of those who have lost loved ones to asbestos exposure. In wrongful death lawsuits the damages are funeral and burial expenses, loss of companionship and mental distress, as well as medical bills and lost wage. A successful lawsuit may include the payment of future damages, such as lost income.