Asbestos Exposure Litigation
Asbestos victims can claim compensation from companies accountable for their exposure. Mesothelioma claims fall under products liability law. They must prove that the victim suffered harm due to exposure to asbestos containing products that the defendant manufactured or sold.
Asbestos patients can seek compensation for mesothelioma treatments and to assist their families in recovering lost income. Each state has its own statute of limitations that spells the deadlines for filing a lawsuit.
Statute of Limitations
The statute of limitations begins to run for most kinds of personal injuries when an incident occurs. However, asbestos cases are different. For instance, it could take years between asbestos exposure 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 assist determine whether a claim is legitimate and the length of time before the statute of limitations expires. The attorney can also advise the patient on filing in multiple states when they were exposed to asbestos in more than one place.
Asbestos victims can file personal injury lawsuits or wrongful death lawsuits against the companies responsible for their exposure. A successful lawsuit can result in a significant financial settlement that will pay for medical expenses as well as lost wages or property damage, the quality of life and other damages.
The statute of limitations in each state differs slightly. Some states have a requirement that the clock starts to run when an injury is discovered. Others adhere to a fundamental 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 law governing asbestos claims. The firm has represented clients from across the country and assisted them in recovering millions of dollars in compensation.
Generally, the plaintiff seeks damages for emotional, physical and psychological distress. The amount of damages awarded will vary based on the individual’s losses. Examples of losses include funeral costs burial expenses loss of income loss of consortium, mental anxiety, and more.
A successful lawsuit could result in punitive damages being awarded against the asbestos-causing party. However, the amount of punitive damages recovered will vary from state state. Some states can only allow up to $1 million in punitive damages, while other states may have no limit. The amount of punitive damages that is awarded is contingent on the severity of the alleged harms and the extent of defendant's contribution to the injury.
Suits of different types
If asbestos exposure victims file a lawsuit, it could be on an individual injury or wrongful death basis. In both cases, a victim is suing an asbestos-related company to recover compensation for the injuries they have suffered.
Asbestos victims typically file their lawsuits at the state level instead of the federal court system, because the law favors plaintiffs. After a lawsuit is filed, the defendants are provided with copies of the complaint and given a specified period of time to reply. In their response, defendants typically reject all allegations and assert that someone else was accountable for the asbestos exposure.
A mesothelioma lawyer who is experienced can help victims gather evidence to support their claims, and assist in filing lawsuits. This includes mesothelioma-related diagnosis and treatment records, employment histories and any other pertinent documentation. They will also examine the defendants' records in depth to determine how and where they were exposed. This could include a review of corporate, union and tax records.
Mesothelioma victims are able to file individual lawsuits or a group action. Asbestos class action is a type of litigation that allows those who have suffered similar injuries to join legal proceedings into a single case. However, mesothelioma cases are unique in that they do not fit the mold for a typical class action because mesothelioma is usually caused by asbestos exposure over a period of time.
Once a lawsuit has been filed, the attorneys involved will work with the defendants in order to settle the case or bring it to trial. They will negotiate on behalf of the victim but it is important that the victim remains active throughout the process. The plaintiff will be required to testify in depositions as well as in court.
If a settlement cannot be reached, the case will be heard at 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 guilty the judge will decide the amount of compensation to be awarded to the victim.
Evidence
The most important requirement for a successful asbestos lawsuit is that the victim sustained an injury due to exposure to asbestos. This can include asbestosis, lung cancer and mesothelioma. Victims of injuries are entitled to compensation for both economic and noneconomic damages. Economic damages refer to past and future medical costs and lost income, lost earning potential, and other expenses related to their injuries. Noneconomic damages include emotional distress as well as pain and suffering, and loss of enjoyment of life.
A mesothelioma lawyer will help patients and their families develop solid arguments by reviewing medical records, interviewing witnesses and reviewing internal memos from asbestos manufacturers who are defendants. Suffolk asbestos lawsuit can include asbestos databases as well as other information that can determine the exact location where the victims were exposed dangerous asbestos fibers. Since the time of latency that mesothelioma sufferers experience can make it difficult for patients to recall the exact details of their employment history, an experienced mesothelioma lawyer firm has the sources to discover this information.
Asbestos litigation may also involve several companies that are responsible for the injuries suffered by victims. Many of the companies who produced asbestos-containing products entered into bankruptcy proceedings through which trust funds were set up for future and present claimants who were injured by their products.
In most instances, plaintiffs filing lawsuits against companies assert strict liability and negligence. The plaintiffs claim that asbestos-containing companies failed to use reasonable care when making, selling and using their products. This includes not warning employees of the dangers associated with a asbestos-containing product and not implementing proper safety measures.
A successful asbestos case depends on a solid evidence base. This includes medical records, expert testimony and witness testimony. The attorneys representing victims are experts in asbestos litigation and will ensure that all evidence is presented to a judge or jury. They will also fight for the highest compensation that is possible for victims' injuries and losses. The victims and their loved ones deserve the best representation for this serious matter. A mesothelioma lawyer with experience should be sought out immediately to avoid missing deadlines.
Trial
Each asbestos claim is distinct and requires a specific proof. Certain elements are common to all cases. For instance, a plaintiff must be able to demonstrate that they were exposed asbestos and that this exposure was the cause of their illness or injury. Additionally the process of bringing a lawsuit includes compensating victims for past and future losses. This includes medical expenses, lost income, and pain and suffering.
A mesothelioma lawyer can assist victims create a solid case for compensation. The first step is to file a complaint with the appropriate court. The document provides the specifics of the case and alleges that defendants were negligent in exposing asbestos-related diseases to the public. After this the legal process of discovery begins. This includes depositions, interrogatories and requests for documents. During this period, lawyers on both sides will work to gather as much evidence as they can. After this stage attorneys will begin preparing for the possibility of a trial or settlement negotiations.
When a lawsuit is filed, the defendants must respond. Often, the defendants will try to reduce or avoid liability by filing frivolous motions. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case is resolved quickly.
Asbestos lawsuits continue to be litigated in the United States as well as across the globe. The asbestos-using companies do not accept responsibility for their actions, and the people who were harmed are entitled to fair compensation.
Asbestos lawsuits are available for both personal injuries as well as wrongful deaths. Wrongful Death claims are filed by relatives of those who have lost loved ones to asbestos exposure. In wrongful deaths damages can include funeral and burial expenses along with loss of companionship, mental distress, in addition to medical bills and lost wages. A successful lawsuit could also include compensation for future losses such as lost income.