Asbestos Exposure Litigation
Asbestos victims have a right to compensation from the companies that caused their exposure. Mesothelioma cases are covered under the product liability law and must prove that a person was injured as a result of exposure to asbestos-containing products manufactured or sold by the defendant.
Asbestos patients can seek compensation for mesothelioma treatment as well as to assist their families in recovering lost income. Every state has a statute of limitations that sets the deadlines for filing a lawsuit.
Statute of limitations
For the majority of personal injury the clock on a statute of limitations starts in the moment that the incident occurs. However, asbestos cases are different. Because of the long time of latency for asbestos, it can be several years before a diagnosis is made. This is why it is so important to speak with a specialty lawyer as soon as possible.
A mesothelioma attorney can help determine whether an action is feasible and how long is left before the statute of limitations expires. The lawyer can guide the patient to file a claim in several states in the event that they were exposed to asbestos in more than one area.
Asbestos exposure victims may bring a personal injury lawsuit or wrongful death lawsuit against the companies that are responsible. A successful lawsuit could lead to an award of a significant amount to help with medical expenses as well as lost income, property damage, loss of quality of life, and other losses.
The statute of limitations in each state is slightly different. Some states have laws that require the clock to begin ticking as soon as the injury is discovered, while others follow a primary-right theory or a specific statute like California's Section 340.2.
The mesothelioma lawyers of Lanier Law Firm are well-versed in the law governing asbestos claims. The firm has represented clients across the country and helped them collect millions of dollars in compensation.
Generally speaking, the plaintiff seeks damages for emotional, physical and psychological stress. The amount of damages awarded may differ based on the individual’s losses. However, some examples of losses are funeral and burial costs, lost income as well as loss of consortium as well as pain and suffering, mental anguish and more.
A successful lawsuit can also recover punitive damages against 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 others may have no limit. In addition, the amount of punitive damages that may be determined by the severity of the alleged harms and the extent to which the defendant was responsible to the injury.
Suits Types
A victim of asbestos exposure could file a lawsuit for personal injury or wrongful deaths. In both cases, a person is suing an asbestos-related company to get compensation for the injuries they have suffered.
Asbestos sufferers typically file their lawsuits in the state court system, rather than in the federal court system. This is due to the fact that the law favors plaintiffs. After a lawsuit is filed, the defendants are provided with copies of the complaint and given a certain period of time to reply. In their responses defendants usually reject all allegations and assert that someone else is responsible for the asbestos exposure.
A mesothelioma lawyer with experience can help patients gather the needed evidence to support their claims, and also assist with lawsuit filing. This includes mesothelioma diagnoses and treatment records, employment history, and any other relevant documentation. They will also conduct a thorough review of the defendants to determine where and how they were exposed. This can include a review of corporate, union and tax records.
Mesothelioma patients can file a lawsuit individually or as part of a class action. Class actions involving asbestos are a type of lawsuit that allows those who suffer from similar injuries to join their legal proceedings in one case. However, mesothelioma cases are unique in the sense that they don't fit the typical class action, since mesothelioma is usually caused by a person's exposure to asbestos over a long period of time.
After a lawsuit is filed, the lawyers will collaborate with defendants in order to settle the case and win it in court. They will negotiate on behalf of the victim, but it is vital that the victim remains an active participant throughout the process. This is because the plaintiff will need to provide testimony in court hearings and depositions.
If a settlement cannot be reached the case will be sent to national asbestos litigation conference trial. Most trials are heard by a jury or a judge and the jury will decide whether the defendants are accountable for the victim's exposure. If the defendant is found be liable, the victim will receive compensation from an arbitrator.
Evidence
The first requirement for an asbestos lawsuit to be successful is that the victim suffered an injury from exposure to asbestos. This could include mesothelioma asbestosis, lung cancer and a variety of other conditions. Victims of injuries may be compensated for economic and noneconomic damages. Economic damages refer to the cost of past and future medical care, loss of income, loss of earning capacity, and other costs related to their injuries. Non-economic damages include pain and suffering, emotional distress and loss of enjoyment of life.
A qualified mesothelioma lawyer can assist patients and their families construct an effective case by looking over medical records, interviewing witnesses and analyzing internal documents and memos from asbestos manufacturers who are defendants. The information could include asbestos databases and other information that will pinpoint the location where the victims first became exposed to the harmful asbestos fibers. A mesothelioma lawyer can help find this information since the mesothelioma's latency time can make it difficult for the patient to remember their exact job history.
Asbestos litigation also involves several companies that are responsible for the injuries suffered by victims. Many companies that produced asbestos-containing products filed for bankruptcy, creating trust funds to pay future and current victims of asbestos-containing products.
In most instances, plaintiffs who file lawsuits against companies assert strict liability and negligence. Plaintiffs assert that asbestos-containing firms did not exercise reasonable care when manufacturing, selling or 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. This includes medical documents, expert testimony and witness testimony. The lawyers representing the victims have extensive experience in asbestos litigation and will ensure that all evidence is presented to a judge or jury. They will also fight for the highest compensation possible for victims' injuries as well as losses. The victims and the people who love them should receive the best representation in this serious matter. To avoid being late, it is important to consult an experienced mesothelioma lawyer right away.
Trial
Each asbestos claim is distinct and requires proof specific to the claim. Certain elements are common to all cases. For instance the plaintiff must be able to demonstrate that they were exposed asbestos and that exposure caused their illness or injury. A successful lawsuit can also pay victims for any future or past losses. This includes medical expenses as well as lost income, pain and discomfort.
A seasoned mesothelioma lawyer will assist a victim in constructing an effective case for compensation. The first step is to file a claim at the appropriate court. The document provides the specifics of the case and argues that defendants were negligent when it came to exposing asbestos-related diseases to the public. The legal process of discovery begins. This includes depositions and interrogatories as well as requests for documents. During this period, attorneys from both sides will be working to gather as much evidence as possible. Once this phase is complete lawyers will begin preparing for trial or settlement negotiations.
When the lawsuit is filed, the defendants need to respond. Often, defendants will file frivolous motions to avoid or reduce liability. Our mesothelioma attorneys are adept at thwarting these tactics and ensuring that your case gets through quickly.
Asbestos litigation continues in the United States as well as across the globe. The companies that used asbestos are not accepting responsibility for their actions and victims need an equitable amount of compensation.
Asbestos lawsuits are filed to address personal injury as well as wrongful death claims. Wrongful death claims are filed on behalf of family members who have lost a loved one due to asbestos exposure. In wrongful deaths, damages include funeral and burial costs along with loss of companionship, mental distress, in addition to medical expenses and lost wages. A successful lawsuit may include damages for future damages such as loss of income.