Asbestos Exposure Litigation
Asbestos victims are entitled to compensation from the companies that are accountable 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 that the defendant manufactured or sold.
Asbestos patients can seek compensation to cover the cost of mesothelioma therapies and also help their families recover the income they lost. Each state has a statute of limitations that spells out the deadlines for filing a lawsuit.
Statute of limitations
For most forms of personal injuries, the clock on a statute of limitations starts in the moment that the incident occurs. However, asbestos cases are different. Because of the lengthy time of latency for asbestos it could take several years before a diagnosis is established. This is why it is so important to speak with an expert lawyer immediately.
A mesothelioma lawyer can help determine whether an action is feasible and how long is left before the statute of limitations expires. The attorney can advise the victim on filing in several states, if they were exposed to asbestos in more than one place.
Asbestos sufferers can bring personal injury lawsuits as well as wrongful death lawsuits against companies responsible for their exposure. A successful lawsuit could result in a substantial financial award to help with medical expenses as well as loss of income and property damage, loss of quality of life and other expenses.
The time limit for every state is different. nyc asbestos litigation have statutes that require the clock to begin ticking as soon as the injury is discovered, whereas others follow a principle-right theory or a specific statute, such as California's Section 340.2.
The mesothelioma lawyers at Lanier Law Firm are well-versed in the law regarding asbestos claims. The firm has helped clients recover millions of dollars from all over the country.
In general the case, the plaintiff seeks damages for emotional, physical, and psychological emotional and psychological distress. The amount of damages awarded may vary widely depending on the extent of the loss. Some examples of losses are funeral expenses burial expenses loss of income, loss consortium, pain and 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 awarded will vary from state the state. Some states will only allow punitive damages up to $1,000,000, while other states do not have a cap. In addition the amount of punitive damages which can be awarded will depend on the extent of the harms alleged and the extent to which the defendant contributed to the harm.
Suits Types
The victim of asbestos exposure may file a lawsuit for personal injury or wrongful death. In both cases, the person faces an asbestos company to get compensation for their condition.
Asbestos victims typically file their suits at the state level rather than the federal court system, because the law is more favorable to plaintiffs. When a lawsuit is filed, defendants are given copies of the complaint. They have a specified timeframe to respond. Defendants usually deny any allegations in their response and argue that a third party is to blame for the asbestos exposure.
A mesothelioma lawyer who is experienced can assist victims in gathering evidence to support their claims, and assist in lawsuit filing. This includes mesothelioma treatment and diagnosis records, employment histories, and other relevant documentation. They will also conduct a thorough review of the defendants to find out the circumstances under which they were exposed. This may include a thorough review of union, corporate and tax documents.
Mesothelioma patients can file a lawsuit on their own or as part of a group action. Asbestos class action is a type litigation that permits people who suffer similar injuries to combine legal proceedings into a single case. However, mesothelioma cases are unique in the sense that they do not fit the standard mold of a class action because mesothelioma is most often caused by asbestos exposure over a period of time.
Once a lawsuit is filed, the attorneys involved will work with defendants in order to settle the case or prevail at trial. They will negotiate on behalf of the victim, but it is vital for the victim to remain actively involved throughout the process. The plaintiff will be required to testify at depositions as well as in the courtroom.
If a settlement cannot be reached, the lawsuit will proceed to trial. Typically, trials are heard by a jury or judge and the jury will decide whether the defendants are responsible for the victim's exposure. If the defendant is found guilty the judge will decide the compensation given to the victim.
Evidence
The victim must have suffered an injury as a result of asbestos exposure. This can be asbestosis mesothelioma, lung cancer and mesothelioma. Victims of injury are entitled to compensation for economic and noneconomic damages. Economic damages are the costs of future and past medical care, loss of income, lost earning capacity and other expenses arising from their injuries. Non-economic damages include emotional distress along with pain and suffering as well as loss of enjoyment in life.
A qualified mesothelioma lawyer can help patients and their families build an argument that is solid by reviewing medical records, interviewing witnesses and analyzing internal documents and memos from asbestos manufacturers who are defendants. This can include asbestos databases, or other information that will pinpoint the location where the victims first became exposed to asbestos-related 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 work experience, a mesothelioma law firm has resources to find this information.
Asbestos litigation could also involve multiple companies that are liable for injuries suffered by victims. Many companies that produced asbestos-containing products filed for bankruptcy, creating trust funds to compensate current and future victims of the products.
In most cases, the plaintiffs who file the lawsuit against the companies are claiming negligence and strict liability. The plaintiffs claim that the asbestos-containing companies failed to exercise reasonable care in manufacturing and selling their products. This includes not informing workers of the dangers of asbestos and not putting in place appropriate safety measures in place.
A successful asbestos case relies on a strong evidence base, which includes medical records, witness testimony, and expert testimony. The lawyers representing the victims are experts in asbestos litigation and will make sure that all documentation is submitted to a jury or judge. They will also fight to secure victims the maximum compensation available for their injuries and losses. The victims and their loved ones need the best representation in this serious issue. An experienced mesothelioma attorney should be consulted immediately to avoid missing deadlines.
Trial
Each asbestos claim is distinct and requires proof specific to the claim. However, there are common elements that are found in all cases. For example the plaintiff must prove they were exposed to asbestos and that this exposure caused their injury or illness. A successful lawsuit can also be able to compensate victims for future and past losses. This includes medical expenses as well as lost income and pain and suffering.
A mesothelioma lawyer with experience can assist a victim in constructing a strong case for compensation. The first step is to file an action with 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 interrogatories and depositions as well as requests for documents. During this period, lawyers on both sides will work to gather the most evidence they can. After this stage is completed, the lawyers will prepare for trial or settlement negotiations.
Once the lawsuit is filed, the defendants must respond. Often, defendants try to minimize or eliminate liability by filing frivolous motions. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case is resolved quickly.
Asbestos litigation is currently ongoing in the United States and around the world. This is because the businesses that used asbestos have not admitted the responsibility for their actions and victims deserve fair compensation.
Asbestos lawsuits are available for both personal injuries as well as wrongful deaths. Wrongful Death claims are brought by family members of those who have lost loved ones to asbestos exposure. The damages in wrongful death cases include funeral and burial expenses as well as loss of companionship, mental anxiety, and the expense of medical bills and lost wages. A successful lawsuit may also include the compensation for future losses, such as lost income.