Asbestos Exposure Litigation
Asbestos victims are entitled to be compensated by the companies that caused their exposure. Mesothelioma cases are covered under the product liability law and must establish that the victim was injured as a result of exposure to asbestos-containing items manufactured or sold by the defendant.
Asbestos patients may seek compensation to pay for mesothelioma treatments and help their families recover income lost. Each state has its own statute of limitations that sets the deadlines for filing a lawsuit.
Statute of Limitations
For most types of personal injuries, the clock on a statute of limitations begins at the moment the incident occurs. However, asbestos cases are different. For instance, it could take years between asbestos exposure and diagnosis because of the long latency period. It is important to consult an expert lawyer as soon as you can.
A mesothelioma lawyer can assist determine if a claim is valid and how much time remains before the statute of limitation expires. The attorney can also counsel the victim on filing a claim in multiple states if their asbestos exposure was in more than one area.
Asbestos sufferers can make personal injury lawsuits or wrongful death lawsuits against the companies responsible for their exposure. A successful lawsuit could result in a significant financial award that will help pay for medical expenses and loss of wages or property damage, the quality of life, and other losses.
The time limit for each state is slightly different. Certain states have a requirement that the clock starts 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 attorneys at Lanier Law Firm are well-versed in the law governing asbestos claims. The firm has helped clients recover millions of dollars from all over the country.
In general, the plaintiff seeks damages for physical, emotional, and psychological emotional and psychological distress. The amount of the award could vary greatly depending on the individual's losses. However, some examples of losses include funeral and burial expenses and income loss, loss of consortium, pain and suffering mental anguish and many more.
A successful lawsuit may also be able to recover punitive damages from the asbestos-causing party. However, the amount of punitive damages awarded will vary from state state. Some states only allow punitive damages that exceed $1,000,000, while others may not have a cap. Additionally, the amount of punitive damages that can be granted will be based on the extent of the harms alleged and the degree to which the defendant has contributed to the injury.
Suits of different types
A person who has been exposed to asbestos could file a lawsuit for personal injury or wrongful death. In both cases, a person sues an asbestos company to seek compensation for the illness they've suffered.
Asbestos victims typically file suits at the state level rather than the federal court system because the law favors plaintiffs. After a lawsuit is filed, defendants are given copies of the complaint. They are given a set time frame to respond. In their responses, defendants typically dismiss all allegations and argue that someone else is accountable for the asbestos exposure.
An experienced mesothelioma attorney will help patients gather the needed evidence to support their claims, and also assist with lawsuit filing. This includes mesothelioma diagnosis and treatment records, employment history and any other pertinent documentation. They will also conduct a thorough review of the defendants to determine the circumstances under which they were exposed. This can include a review of the union, corporate and tax records.
Mesothelioma victims can bring individual lawsuits or a class action. Class actions involving asbestos are a form of lawsuit that allows those who suffer from similar injuries to join their legal actions in one case. Mesothelioma suits differ from a typical class-action lawsuit, because they are caused by asbestos exposure that is cumulative.
Once a lawsuit has been filed, the lawyers involved will collaborate with defendants to either settle the case or prevail at trial. They will negotiate on behalf of the victim, but it is vital that the victim remains actively involved throughout the process. The plaintiff is required to testify at depositions as well as in the courtroom.
If a settlement is not reached, the case will proceed to trial. Typically, trials are heard by a jury or a judge and the jury decides whether defendants are accountable for the victim's exposure. If the defendant is found be liable for the victim's exposure, they will be awarded compensation from an arbitrator.
Evidence
The victim must have suffered an injury as a result of asbestos exposure. This could include mesothelioma asbestosis, lung cancer and a variety of other conditions. Victims of injuries may be compensated for non-economic and economic damages. Economic damages can include the cost of medical treatment in the past and in the future and lost income, lost earning potential, as well as other expenses related to their injuries. Noneconomic damages include emotional distress along with pain and suffering as well as loss of pleasure in life.
A mesothelioma lawyer can assist patients and their families develop a strong argument by reviewing medical records, speaking with witnesses and analyzing internal memos from defendant asbestos manufacturers. These could include asbestos databases as well as other information that can pinpoint where the victims were exposed harmful asbestos fibers. Since the latency period associated with mesothelioma may make it difficult for patients to remember the specific details of their work background, a seasoned mesothelioma law firm has resources to find this information.
Asbestos litigation could also involve multiple companies that are accountable for injuries sustained by victims. Many of the companies that produced asbestos-containing products filed for bankruptcy proceedings through which trust funds were created for claimants both present and future who were harmed by their products.
In most cases, the plaintiffs who file the suit against the companies are seeking strict liability and negligence. The plaintiffs claim that asbestos-containing firms failed to exercise reasonable care in manufacturing, 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 depends on a solid foundation of evidence. This includes medical documents, expert testimony and witness testimony. The lawyers representing the victims have years of experience in asbestos litigation, and will make sure that all evidence is presented before 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 should receive the best representation in this extremely serious case. To avoid being late, it is crucial to speak with an experienced mesothelioma lawyer immediately.
Trial
Each asbestos claim is distinct, and requires specific proof. However, there are common elements that appear in the majority of cases. A plaintiff, for example must establish that they were exposed asbestos and that exposure led to their injury or illness. Additionally, a successful lawsuit typically involves compensating victims for their past and future losses. This includes medical care as well as lost income and suffering and pain.
A mesothelioma lawyer with experience can help a victim build an argument for compensation. The first step is to file a claim in the appropriate court. This document details the case and alleges the defendants were negligent in exposing people asbestos. The legal process of discovery begins. This includes interrogatories and depositions as well as requests for documents. During this phase lawyers will gather the most evidence they can. After this stage attorneys will begin preparing for a trial or settlement negotiations.
When the lawsuit is filed the defendants have to respond. Often, the defendants will attempt to minimize or avoid liability by filing frivolous motions. Our mesothelioma lawyers are adept in thwarting these tactics and ensuring that your case moves forward quickly.
Asbestos lawsuits continue to be litigated in the United States as well as across the globe. The companies that used asbestos do not accept responsibility for their actions, and the victims need an equitable amount of compensation.
Asbestos lawsuits are filed to address personal injury and wrongful-death claims. Boston asbestos lawyers are filed by the family members of those who lost loved ones to asbestos exposure. The damages in the case of wrongful death include funeral and burial expenses, loss of companionship, mental anxiety, and the cost of medical expenses and lost wages. A successful lawsuit can also be a source of the payment of future damages, such as lost income.