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Asbestos Exposure Litigation Asbestos victims are entitled to compensation from the companies responsible for their exposure. Mesothelioma claims fall under products liability law, and must establish that a victim suffered harm due to exposure to asbestos-containing products that the defendant manufactured or sold. Asbestos sufferers can seek compensation to cover the cost of mesothelioma treatments and help their families recover lost income. Each state has a statute of limitations which sets the deadlines for filing a lawsuit. 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 can take years between asbestos exposure and diagnosis due to the long latency time. It is crucial to speak with an expert lawyer as soon as you can. An attorney for mesothelioma can determine whether or not an action is feasible and how long is left before the statute of limitations expires. The attorney can also counsel the victim about filing in several states if their asbestos exposure was in more than one area. Asbestos exposure victims can file a personal injury lawsuit or wrongful death suit against the companies that are responsible. A successful lawsuit could lead to a substantial financial award to help with medical expenses as well as lost income or property damage and loss of quality of life, and other damages. The statute of limitations in each state differs slightly. Certain states require that the clock begins to tick as soon as an injury is discovered. Others follow a basic right theory or a specific law such as California's Section 340.2. The mesothelioma lawyers at Lanier Law Firm are well-versed in the law surrounding asbestos claims. The firm has helped clients recover millions of dollars across the country. In general, the plaintiff seeks damages for emotional, physical and psychological distress. The amount of damages awarded may differ based on the extent of the loss. Examples of losses include funeral costs, burial costs loss of income, loss of consortium, mental anguish, and many 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 allow punitive damages that exceed $1,000,000, whereas other states may not have a limit. In addition, the amount of punitive damages that can be granted will be based on the degree of the harms claimed and the degree to which the defendant contributed to the injury. Suits Types When an asbestos exposure victim files a lawsuit, it could be based on the basis of personal injury or on wrongful death basis. In both cases, the victim goes up against an asbestos-related company to get compensation for their condition. Asbestos victims typically file their lawsuits at the state level and not in the federal court system. This is due to the law favoring plaintiffs. After a lawsuit is filed, defendants are served with copies of the complaint and given a specific period of time to reply. In their responses, defendants typically dismiss all allegations and argue that someone else was accountable for the asbestos exposure. A seasoned mesothelioma lawyer will assist victims in gathering evidence to back their claims and assist with lawsuit filing. This includes mesothelioma diagnosis and treatment records, employment histories, and any other relevant documentation. Alameda asbestos lawsuit will also conduct a thorough investigation of the defendants to find out the circumstances under which they were exposed. This could include a review of corporate, union or tax records. Mesothelioma patients can file a lawsuit on their own or as part of a class action. Asbestos class action is a type litigation that allows those who suffer similar injuries to combine legal proceedings into one case. Mesothelioma lawsuits differ from the typical class-action lawsuit because they result from asbestos exposure that is cumulative. After a lawsuit has been filed, the attorneys will collaborate with defendants to settle the case and win it in court. The attorneys will negotiate for the victim, but it is essential that the victim is active in the process. The plaintiff will be required to testify at depositions as well as in court. If a settlement cannot be reached, the lawsuit will go to trial. Typically, trials are heard by a jury or judge and the jury will decide whether defendants are accountable for the victim's exposure. In the event a defendant is found liable the judge will decide the amount of the damages awarded to the victim. Evidence The victim must have suffered an injury as a result of asbestos exposure. This could include mesothelioma asbestosis, lung cancer, and other ailments. Injured victims are entitled to compensation for both economic and non-economic damages. Economic damages can include the future and past medical expenses and lost income, lost earning potential, and other expenses related to their injuries. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. A qualified mesothelioma attorney can help patients and their families create a strong case by reviewing medical records, interviewing witnesses and analyzing internal memos and documents from the asbestos manufacturers who are defendants. This can include asbestos databases and other data that could determine the exact location where the victims were exposed to the dangerous asbestos fibers. A mesothelioma lawyer can assist find this information since the mesothelioma latency period can make it difficult for the patient to remember their exact work history. Asbestos litigation also involves several companies that are responsible for the injuries sustained by victims. Many of the companies who produced asbestos-containing products entered into bankruptcy proceedings where trust funds were set up 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. The plaintiffs claim that asbestos-containing firms failed to take reasonable precautions when manufacturing selling, distributing and using their products. This includes not advising workers of the dangers of asbestos and not putting in place appropriate safety measures in place. A successful asbestos case is dependent on a solid evidence base, which includes medical records, witness testimony, and expert testimony. The attorneys representing the victims are experts in asbestos litigation and will make sure that all documentation is submitted to a judge or jury. They will also fight to ensure that they get victims the highest amount of compensation for their losses and injuries. The victims and the people who love them deserve the best legal representation in this serious issue. An experienced mesothelioma attorney should be sought out immediately to ensure that deadlines are not missed. Trial Each asbestos claim is unique and requires a specific proof. However, there are some common elements that are present in all cases. A plaintiff, for instance must establish that they were exposed asbestos and that exposure caused their illness or injury. A successful lawsuit will also be able to compensate victims for past and future losses. This can include medical expenses, lost income and discomfort 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 complaint in the appropriate court. The complaint outlines 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 period, attorneys on both sides will try to gather as much evidence as they can. Once this phase is complete, the lawyers will prepare for settlement or trial negotiations. After the lawsuit is filed the defendants have to respond. Often, defendants make frivolous motions to minimize or avoid liability. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case moves forward quickly. Asbestos litigation is currently ongoing in the United States and around the world. The companies that used asbestos do not accept responsibility for their actions, and the victims need an equitable amount of compensation. Asbestos lawsuits can be filed for personal injuries and wrongful deaths. Wrongful death claims are filed by family members of those who have lost loved ones due to asbestos exposure. In wrongful death lawsuits the damages are funeral and burial costs as well as loss of companionship and mental distress, as well as medical expenses and lost wages. A successful lawsuit may also include compensation for future losses like income loss.