Asbestos Exposure Litigation
Asbestos victims are entitled to receive compensation from the companies responsible for their exposure. Mesothelioma claims fall under the product liability law, and must establish that a victim suffered harm due to exposure to asbestos-containing products the defendant made or sold.
Asbestos victims can seek compensation for mesothelioma treatment as well as to assist their families in recovering lost income. Each state has its own statute of limitations which sets out the time limits for filing a lawsuit.
Statute of Limitations
For most forms of personal injury, the statute of limitations begins ticking as soon as the incident occurs. However, asbestos cases are different. Due to the long delay in asbestos's latency, it can be years before a diagnosis is made. It is essential to speak with a specialist lawyer as soon as you can.
An attorney for mesothelioma can determine whether or not a claim is viable, and how much time is left before the statute of limitations expires. The attorney can also advise the victim on filing a claim in several states if their asbestos exposure was in more than one location.
Asbestos victims can file personal injury lawsuits or wrongful death lawsuits against the companies responsible for their exposure. A successful lawsuit could lead to a substantial financial award to cover medical expenses as well as loss of income and property damage and loss of quality of life and other losses.
The time limit for each state is slightly different. Certain states have statutes that require the clock to start running as soon as the injury is discovered, whereas others adhere to a primary-rights theory or specific statutes like California's Section 340.2.
The mesothelioma attorneys at Lanier Law Firm are well-versed in the law surrounding asbestos claims. The firm has represented clients from across the country and helped them collect millions of dollars in compensation.
Generally, the plaintiff seeks damages for physical, emotional and psychological suffering. The amount of damages awarded can differ based on the person's losses. However, some examples of losses include funeral and burial expenses, lost income as well as loss of consortium as well as pain and suffering, mental anguish and more.
A successful lawsuit could also be able to recover punitive damages from the asbestos-causing party. However the amount of punitive damages recouped will vary from state to state. Some states can only allow up to $1 million in punitive damages however, other states could have no limit. The amount of punitive damage that can be awarded is contingent on the severity of alleged injuries as well as the degree of the defendant's role in the injury.
Suits of different types
If an asbestos exposure victim files a lawsuit, it may be based on an individual injury or wrongful death basis. In both instances, the victim is suing an asbestos company in order to get compensation for their condition.
Asbestos victims typically file their lawsuits at the state level instead of the federal court system, because the law is more favorable to plaintiffs. When a lawsuit is filed, defendants receive copies of the complaint. They are given a specific time frame to respond. In their responses, defendants typically dismiss all allegations and argue that someone else is responsible for the asbestos exposure.
A mesothelioma lawyer with experience can help victims gather the necessary evidence to support their claims and assist in lawsuit filing. This includes mesothelioma treatment and diagnosis records as well as employment histories and other relevant documentation. They will also conduct a thorough examination of the defendants in order to discover the circumstances under which they were exposed. This could include a look at for tax, union or corporate records.
Mesothelioma victims are able to bring individual lawsuits or a group action. Asbestos class action is a kind of litigation that allows people who suffer similar injuries to combine legal proceedings into a single case. Mesothelioma suits differ from a typical class-action lawsuit, because they are triggered by asbestos exposure over a long period of time.
Once a lawsuit is filed, the attorneys involved will work with defendants to resolve the case or bring it to trial. The attorneys will negotiate for the victim, but it is essential that the victim is an active participant in the process. This is because the plaintiff will have to testify in court hearings and depositions.
If a settlement is not reached the case will be sent to trial. Typically, trials are heard by a jury or judge and the jury will decide whether the defendants should be held accountable for the exposure of the victim. In the event the defendant is found guilty, a judge will determine the amount of the damages awarded to the victim.
Evidence
The victim has to have suffered an injury due to asbestos exposure. This can be mesothelioma, asbestosis, lung cancer, and a variety of other conditions. Injured victims are entitled to compensation for both economic and non-economic damages. Economic damages include past and future medical costs and lost income, lost earning potential, and other expenses relating 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 construct an argument that is solid by reviewing medical records, interviewing witnesses, and studying internal memos and other documents from asbestos manufacturers that are defendants. These databases could include asbestos data as well as other information that can pinpoint where the victims were exposed harmful fibers. A mesothelioma lawyer can help uncover this information because the mesothelioma latency period can make it difficult for the patient to recall their specific work history.
Asbestos litigation can also involve multiple companies who are responsible for injuries suffered by victims. Many of the companies who produced asbestos-containing products filed for bankruptcy proceedings where trust funds were created for future and present claimants who had been harmed by their products.
In the majority of cases, plaintiffs who bring the lawsuit against the companies are claiming negligence and strict liability. The plaintiffs allege that the asbestos-containing companies failed to take reasonable precautions when manufacturing selling, distributing and using their products. This includes failing to warn employees of the dangers associated with a asbestos-containing product and failing to implement proper safety measures.
A successful asbestos case depends on a strong evidence base, which includes medical records, witness testimony, and expert 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 ensure that the maximum amount of compensation for victims' injuries as well as losses. The victims and their families deserve the best representation for this serious matter. To avoid being late, it is essential to speak with an experienced mesothelioma lawyer right away.
Trial
Each asbestos claim is unique and requires specific evidence. There are certain elements that are common to the majority of cases. For example, a plaintiff must prove that they were exposed to asbestos and that exposure caused their illness or injury. A successful lawsuit can also compensate victims for past and future losses. This includes the cost of medical treatment loss of income, pain and suffering.
A seasoned mesothelioma lawyer will assist the victim to build a strong case for compensation. The first step is filing an action with the appropriate court. The complaint outlines the situation and claims that the defendants were negligent in exposure to asbestos by people. The legal process of discovery begins. This includes depositions, interrogatories and requests for documents. During this time, the attorneys from both sides will be working to gather as much evidence as they can. After this stage is completed, the lawyers will prepare for trial or settlement negotiations.
The defendants must respond after a lawsuit has been filed. Often, Clearwater asbestos attorneys will make frivolous motions to avoid or reduce liability. Our mesothelioma lawyers are skilled in thwarting these tactics and ensuring that your case gets moving quickly.
Asbestos litigation is currently in progress in the United States and around the world. This is because the companies that used asbestos have not accepted responsibility for their actions, and the victims deserve fair compensation.
Asbestos lawsuits can be filed for both personal injuries and wrongful death. Wrongful death claims are filed on behalf of family members who have lost a loved one because of asbestos exposure. The damages in the case of wrongful deaths include funeral and burial costs as well as loss of companionship, mental distress, and the cost of medical expenses and lost wages. A successful lawsuit may also include compensation for future losses such as lost income.