Asbestos Exposure Litigation
Asbestos victims have the right to receive compensation from the companies responsible for their exposure. Mesothelioma cases are covered under the product liability law, and must show that an individual was injured as a result of exposure to asbestos-containing products manufactured or sold by the defendant.
Asbestos patients can seek compensation to cover the cost of mesothelioma therapies and also help their families recover income lost. Every state has a statute of limitations that spells out 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 delay in asbestos's latency, it can be years before a diagnosis can be made. It is crucial to speak with an expert lawyer as soon as you can.
A mesothelioma lawyer can assist determine whether a claim is legitimate and the length of time before the statute of limitations 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 exposure victims may file a personal injury lawsuit or wrongful death lawsuit against the companies that are responsible. A successful lawsuit could result in a substantial financial award to cover medical costs and loss of income and property damage, loss of quality of life, and other damages.
However the law in each state is slightly different when it comes to the time limit 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 familiar with the law surrounding asbestos claims. The firm has helped clients recover millions of dollars across the country.
Generally, the plaintiff is seeking damages for physical, emotional and psychological distress. The amount of damages awarded can vary widely depending on the individual’s losses. Some examples of losses include funeral and burial costs and income loss, loss of consortium as well as pain and suffering, mental anguish and more.
A successful lawsuit may also result in punitive damages being recovered against the asbestos-causing party. However the amount of punitive damages awarded will differ from state to the state. Some states will only allow punitive damages of up to $1,000,000, while others may not have a cap. Additionally the amount of punitive damages that can be granted will be based on the extent of the harms alleged and the extent to which the defendant contributed to the injury.
Types of Suits
A victim of asbestos exposure could file a lawsuit for personal injury or wrongful deaths. In both cases, a victim sues an asbestos company to seek compensation for the injuries they've suffered.
Asbestos victims typically file their suits at the state level instead of the federal court system, because the law is more favorable to plaintiffs. Once a lawsuit has been filed, the defendants are served with copies of the complaint and given a specified amount of time to respond. Defendants typically deny any claims in their response and argue that a third party is to blame for the asbestos exposure.
A mesothelioma lawyer who is experienced can help patients gather evidence to support their claims and assist with lawsuit filing. This includes mesothelioma-related diagnosis and treatment records, employment history and any other pertinent documentation. They will also examine the defendants' files in depth to determine the source and method by which they were exposed. This may include a thorough review of the union, corporate and tax records.
Mesothelioma patients can file a lawsuit individually or as part of a group action. Class action for asbestos is a kind of litigation that allows those who have suffered similar injuries to join legal proceedings into a single case. However, mesothelioma lawsuits are unique in that they do not fit the standard mold of a class action, since mesothelioma is usually caused by a person's cumulative asbestos exposure.
When a lawsuit is filed, the lawyers will collaborate with defendants to settle the case and win it in court. They will negotiate on behalf of the victim but it is important for the victim to be actively involved throughout the process. This is because the plaintiff will have to testify at depositions and court hearings.
If a settlement is not reached, the case will go to trial. Trials are typically heard by a jury or judge. The jury will decide if defendants are responsible for the victim's exposure. If a defendant is found to be liable and the victim is awarded compensation from the judge.
Evidence
The most important prerequisite for an asbestos lawsuit to be successful is that the victim sustained an injury as a result of exposure to asbestos. This could include mesothelioma lung cancer, asbestosis and other ailments. Injured victims can receive compensation for economic and noneconomic damages. Economic damages refer to the cost of past and future medical care and loss of income lost 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 help patients and their families build a strong case by reviewing medical records, interviewing witnesses, and studying internal documents and memos from asbestos manufacturers that are defendants. This can include asbestos databases as well as other information that can identify the places where victims were exposed to dangerous fibers. Since the time of latency that mesothelioma sufferers experience can make it difficult for patients to remember the exact details of their employment background, a seasoned mesothelioma attorney firm has the resources to uncover this information.
Asbestos litigation may include multiple companies that are liable for injuries suffered by victims. Many companies that made asbestos-containing products declared bankruptcy, setting up trust funds to compensate future and present plaintiffs who were injured by the products.
In the majority of instances, plaintiffs who file lawsuits against companies allege strict responsibility and negligence. The plaintiffs allege that the asbestos-containing companies did not use reasonable care when making, selling and using their products. This includes not informing workers of the dangers posed by asbestos and not putting in place appropriate safety measures in asbestos defense litigation place.
A successful asbestos case relies on a solid evidence base, including medical records, witness testimony and expert testimony. The lawyers who represent victims have years of experience in asbestos litigation and will ensure that all evidence is presented to a jury or judge. They will also fight to get victims the highest amount of compensation for their losses and injuries. The victims and the people who love them deserve the best representation in this extremely serious case. An experienced mesothelioma attorney must be consulted immediately to avoid missing deadlines.
Trial
Every asbestos claim is unique and requires specific evidence. However, there are common elements that are present in most cases. For example the plaintiff must be able to prove that they were exposed to asbestos and that the exposure was the cause of their injury or illness. A successful lawsuit will also be able to compensate victims for future and past losses. This includes the cost of medical care loss of income, suffering and pain.
A mesothelioma lawyer can assist victims build an argument that is strong enough to get compensation. The first step is to file a claim at the appropriate court. The document provides the specifics of the case and alleges that defendants were negligent in the exposure of asbestos to people. The legal process of discovery begins. This includes depositions, interrogatories and requests for documents. During this stage attorneys will collect as much evidence possible. When this phase is finished lawyers will begin preparing for settlement or trial negotiations.
The defendants are required to respond when a lawsuit has been filed. Often, defendants try to minimize or eliminate liability by filing frivolous motions. Our mesothelioma attorneys are adept in securing the best possible outcome and ensuring that your case gets through quickly.
Asbestos litigation continues throughout the United States as well as all over the world. This is because the companies that used asbestos have not admitted the responsibility for their actions and the victims deserve fair compensation.
Asbestos lawsuits can be filed for personal injuries and wrongful deaths. Wrongful Death claims are brought by relatives of those who have lost loved ones due to asbestos exposure. The damages incurred in wrongful death cases include funeral and burial costs, loss of companionship, mental anxiety, and the cost of medical expenses and lost wages. A successful lawsuit may also be a source of compensation for future damages, such as loss of income.