Asbestos Exposure Litigation

Asbestos victims are entitled to compensation from the companies that are accountable for their exposure. Mesothelioma cases are covered under the product liability law, and must show that an individual was injured due to exposure to asbestos-containing products manufactured or sold by the defendant.

Asbestos patients may seek compensation to pay for mesothelioma treatment and assist their families recover lost income. Each state has a statute of limitations that spells out the time limits for filing a lawsuit.

Statute of Limitations

For the majority of personal injuries the statute of limitations starts ticking as soon as the incident occurs. However, asbestos cases are different. For example, it can take years between exposure to asbestos and diagnosis because of the long latency. This is why it is so important to speak with a specialty lawyer immediately.

A mesothelioma lawyer can help determine whether the claim is a viable one and how long is left before the statute of limitations expires. The lawyer can guide the victim on filing in several states, if they were exposed to asbestos in more than one area.

Asbestos exposure victims may make a personal injury claim or wrongful death suit against the companies responsible. A successful lawsuit could result in a substantial financial award that will help pay for medical expenses and lost wages and property damage, as well as quality of life and other damages.

However the law in each state is 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 follow a primary right theory or a specific law such as California’s Section 340.2.

The mesothelioma attorneys at Lanier Law Firm are well-versed in the laws governing asbestos claims. The firm has helped clients recover millions of dollars from all over the country.

Generally, the plaintiff is seeking damages for physical, emotional and psychological distress. The amount of damages awarded will vary based on the person's losses. Examples of losses are funeral expenses burial costs, loss of income, loss consortium, pain and mental anxiety, and more.

A successful lawsuit can also result in punitive damages being recovered against the asbestos-causing party. However the amount of punitive damages recovered will vary from state to state. Some states only allow punitive damages of up to $1,000,000, whereas other states may not have a limit. Additionally the amount of punitive damages that may be granted will be based on the extent of the harms alleged and the degree to which the defendant contributed to the injury.

Suits Types

The victim of asbestos exposure can file a lawsuit to recover personal injury or wrongful death. In both cases, a person is suing an asbestos litigation cases-related company to get compensation for the injuries they've suffered.

Asbestos victims typically have their cases filed in the state court system instead of in the federal court system. This is because the law favors plaintiffs. After a lawsuit is filed, the defendants are provided with copies of the complaint and given a specific amount of time to respond. In their responses, defendants typically dismiss all allegations and argue that someone else is responsible for the asbestos exposure.

An experienced mesothelioma lawyer can help victims 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 conduct a thorough examination of the defendants to determine what is asbestos litigation they did and how they were exposed. This may include a thorough review of union, corporate and tax records.

Mesothelioma victims can file individual lawsuits or a class action. Class action for asbestos is a type of litigation that allows those who have suffered similar injuries to combine legal proceedings into one case. However, mesothelioma cases are unique in the sense that they don't fit the standard mold of a class action, since mesothelioma is most often caused by a person's asbestos exposure over a period of time.

After a lawsuit has been filed, the lawyers involved will collaborate with defendants to resolve the case or win it at trial. They will negotiate on behalf of the victim but it is important for the victim to be active throughout the process. This is because the plaintiff will need to give evidence at depositions and court hearings.

If a settlement cannot be reached, the case will go to trial. Trials are usually heard by a jury or judge. The jury will decide if the defendants are accountable for the victim's exposure. If a defendant is found to be liable for the victim's exposure, they will be awarded compensation from an arbitrator.

Evidence

The victim must have suffered an injury as a result of asbestos exposure. This can be mesothelioma, lung cancer, asbestosis and other ailments. Victims of injuries can be awarded compensation for non-economic and economic damages. Economic damages refer to past and future medical costs and lost income, lost earning potential, as well as other expenses relating to their injuries. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

A qualified mesothelioma lawyer can help patients and their families build an effective case by looking over medical records, speaking with witnesses and analyzing internal memos and documents from the asbestos manufacturers that are defendants. The information could include asbestos databases and other data that could pinpoint the location where the victims first became exposed to the harmful asbestos fibers. A mesothelioma lawyer is able to help discover this information as the latency period of mesothelioma can make it difficult for the patient to remember their exact job history.

Asbestos litigation also involves multiple companies that are liable for the injuries sustained by victims. Many companies that made asbestos-containing products declared bankruptcy, setting up trust funds to compensate current and future plaintiffs who were injured by the asbestos-containing products.

In most cases, the plaintiffs who bring the suit against the companies are asserting negligence and strict liability. The plaintiffs claim that asbestos-containing companies did not take reasonable precautions when selling, manufacturing or distributing their products. This includes failing to warn workers of the dangers of a asbestos-containing product and failing to implement proper safety measures.

A successful asbestos case depends on a solid evidence base, including medical documents, witness testimony and expert testimony. The lawyers 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 get victims the maximum amount of compensation for their losses and injuries. The victims and cancer the people who love them deserve the best legal representation in this extremely serious case. To avoid missing deadlines, it is important to consult an experienced mesothelioma lawyer as soon as possible.

Trial

Every asbestos claim is unique and requires evidence specific to the case. There are certain elements that are common to all cases. A plaintiff, for instance must prove that they were exposed asbestos and that the exposure led to their injury or illness. A successful lawsuit will also compensate victims for past and future losses. This can include medical expenses as well as lost income, discomfort and pain.

A mesothelioma lawyer can help victims create an argument that is strong enough to get compensation. The first step is to file a complaint with the appropriate court. The complaint outlines the specifics of the case, and claims that the defendants were negligent in exposing people to asbestos. Following this the legal process of discovery starts. This includes depositions, interrogatories, and requests for documents. During this time, attorneys on both sides will work to gather the most evidence they can. When this phase is finished attorneys will prepare for settlement or trial negotiations.

The defendants are required to respond after a lawsuit has been filed. Often, the defendants will attempt to minimize or avoid liability by filing frivolous motions. Our mesothelioma lawyers are adept in securing the best possible outcome and ensuring that your case gets through quickly.

Asbestos litigation continues in the United States as well as across the globe. The asbestos-using companies do not accept responsibility for their actions and victims are entitled to fair compensation.

Asbestos lawsuits are filed for personal injury and wrongful-death claims. Wrongful death claims are filed by the family members of those who have lost loved ones due to asbestos law & litigation exposure. The damages associated with wrongful death cases include funeral and burial costs as well as loss of companionship, mental distress, and the cost of medical bills and lost wages. A successful lawsuit may also be a source of damages for future damages such as loss of income.