Asbestos Exposure Litigation
Asbestos victims are entitled to compensation from companies accountable for their exposure. Mesothelioma claims fall under the products liability law, and must establish that a person suffered injury from exposure to asbestos-containing products that the defendant sold or manufactured.
Asbestos patients can seek compensation to cover the cost of mesothelioma treatment and assist their families recover the income they lost. But, each state has a set of timeframes in statutes of limitations.
Statute of Limitations
The statute of limitations begins to run for all kinds of personal injuries when an incident occurs. However, asbestos cases are different. For instance, it could take years between asbestos exposure and diagnosis due to the long latency period. This is why it's so important to speak with an attorney who specializes in asbestos immediately.
A mesothelioma attorney can help determine if a claim is valid and how much time remains before the statute of limitation expires. The attorney can also counsel the victim about filing in more than one state if the asbestos exposure was in more than one location.
Asbestos exposure victims can make a personal injury claim or wrongful death suit against the companies responsible. A successful lawsuit can result in a large financial settlement that will pay for medical expenses and loss of wages, property damage, quality of life and other damages.
However, the law in every state is slightly different in regards to the time limit for asbestos claims. Some states have statutes that require the clock to begin ticking as soon as the injury is discovered, whereas others adhere to a primary-rights theory or specific statutes 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 represented clients from across the nation and helped them collect millions of dollars in compensation.
In general the lawsuit, the plaintiff seeks compensation for physical, emotional, and psychological stress. The amount of damages awarded will differ based on the individual’s losses. Some examples of losses include funeral expenses burial expenses loss of income loss consortium, pain and mental anguish, and many more.
A successful lawsuit may also result in punitive damages being awarded against the asbestos-causing party. The amount of punitive damage that is awarded will vary from state to state. Some states will only allow punitive damages of up to $1,000,000, whereas other states may not have a cap. The amount of punitive damage that can be awarded depends on the severity of alleged injuries as well as the degree of defendant's contribution to the injury.
Suits of different types
A person who has been exposed to asbestos could file a lawsuit for personal injury or wrongful deaths. In both cases, the victim goes up against an asbestos company in order to receive compensation for their illness.
Asbestos victims typically have their cases filed at the state court level instead of in the federal court system. This is because the law favors plaintiffs. After a lawsuit is filed, defendants are given copies of the complaint and given a specific amount of time to respond. In their response, defendants typically dismiss all allegations and argue that someone else is accountable for the asbestos exposure.
A mesothelioma lawyer with experience can help patients gather the needed evidence to back their claims, and also assist with lawsuit filing. This includes mesothelioma treatment and diagnostic records including employment histories, treatment records, and other pertinent documentation. They will also look over the defendants in detail to determine where and how they have been exposed. This could include a review of union, corporate and tax records.
Mesothelioma patients can file a lawsuit on their own 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 one. Mesothelioma suits are different from the typical class-action lawsuit because they are triggered by asbestos exposure that is cumulative.
Once a lawsuit is filed, the lawyers involved will work with defendants to either settle the case or win it at trial. They will negotiate on behalf of the victim however, it is crucial that the victim remains active throughout the entire process. This is because the plaintiff will need to testify in court hearings and depositions.
If a settlement is not reached, the lawsuit will proceed to trial. Typically, trials are heard by a judge or jury and the jury decides whether defendants are responsible for the victim's exposure. If the defendant is found to be accountable, the victim will receive compensation from an arbitrator.
Evidence
The victim has to have suffered an injury as a result of asbestos exposure. This can include mesothelioma, asbestosis, lung cancer and a variety of other conditions. Injured victims are entitled to compensation for economic and non-economic damages. Economic damages refer to past and future medical costs as well as lost income, loss of earning potential, as well as other expenses related to their injuries. Noneconomic damages include emotional distress as well as pain and suffering, and loss of enjoyment in life.
A qualified mesothelioma attorney can assist patients and their families create an argument that is solid by reviewing medical records, speaking with witnesses, and studying internal memos and other documents from defendant asbestos manufacturers. These could include asbestos databases and other information that can determine the exact location where the victims were exposed to harmful fibers. Because the latency period that is that mesothelioma patients experience can make it difficult for patients to remember the specific details of their employment history, an experienced mesothelioma attorney firm has the resources to uncover this information.
Asbestos litigation may also involve multiple companies that are liable for the injuries sustained by victims. Many companies that manufactured asbestos-containing products declared bankruptcy, setting up trust funds to compensate current and future plaintiffs who were injured by the asbestos-containing products.
In the majority of cases, plaintiffs who bring the lawsuit against the companies are claiming negligence and strict liability. The plaintiffs claim that the asbestos-containing companies did not use reasonable care when making, selling and using their products. This includes not warning workers about the dangers of asbestos and putting improper 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 lawyers representing the victims have years of experience in asbestos litigation and will make sure that all evidence is submitted to a jury or judge. They will also fight for the highest compensation possible for the victims' injuries and losses. The victims and their loved ones require the best representation in this serious matter. To avoid missing deadlines, it is essential to speak with an experienced mesothelioma lawyer immediately.
Trial
Each asbestos claim is unique, and requires specific proof. There are some elements that are common to most cases. A plaintiff, for instance must be able to demonstrate that they were exposed to asbestos and that exposure led to their injury or illness. A successful lawsuit will also pay victims for future and past losses. This includes medical costs as well as lost income, discomfort and pain.
An experienced mesothelioma lawyer can help a victim build an argument for compensation. The first step is filing an action with the appropriate court. The complaint outlines the specifics of the case and alleges that defendants were negligent when it came to exposing people to asbestos. The legal process of discovery then begins. This includes interrogatories, depositions and requests for documents. During this time, the attorneys on both sides will try to gather the most evidence they can. After this phase, the attorneys will prepare for an upcoming trial or settlement negotiations.
The defendants must respond after the lawsuit has been filed. Often, the defendants will attempt to minimize or avoid liability by filing frivolous motions. Our mesothelioma lawyers are skilled in thwarting these tactics and ensuring that your case is resolved quickly.
Asbestos litigation continues throughout the United States as well as all over the world. This is because the companies who used asbestos haven't admitted the responsibility for their actions and the victims deserve fair compensation.
Apple Valley asbestos attorneys are filed for personal injury and wrongful-death claims. Wrongful Death claims are filed by family members of those who lost loved ones due to asbestos exposure. The damages in the case of wrongful death include funeral and burial expenses and loss of companionship mental distress, and the cost of medical expenses and lost wages. A successful lawsuit may include damages for future damages such as lost income.