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Asbestos Exposure Litigation Asbestos victims are entitled to be compensated by the companies that caused their exposure. Mesothelioma cases fall under the product liability law, and must show that a person was injured by exposure to asbestos-containing items manufactured or sold by the defendant. Asbestos patients can seek compensation for mesothelioma treatment and to help their families recover lost income. But, each state has its own timeframes outlined in laws called statutes of limitations. Statute of Limitations The statute of limitations begins to run for most types of personal injuries the moment an incident occurs. However, asbestos cases are different. Due to the long time of latency for asbestos, it can be years before a diagnosis is confirmed. This is why it is so important to speak with a specialty lawyer immediately. A mesothelioma lawyer can help determine whether or not a claim is viable, and how much time is left before the statute of limitations expires. The lawyer can also advise the patient about filing in several states if their asbestos exposure was in more than one location. Asbestos exposure victims may make a personal injury claim or wrongful-death suit against the companies that are responsible. A successful lawsuit could result in a substantial amount of money to cover medical costs as well as lost income or property damage and loss of quality of life and other expenses. However the law in each state is different when it comes to the statute of limitations for asbestos claims. Certain states have laws that require that the clock start ticking as soon as the injury is discovered, while others follow a primary-right theory or specific statutes such as California's Section 340.2. The mesothelioma lawyers at Lanier Law Firm are knowledgeable about the laws regarding asbestos claims. The firm has represented clients from across the nation and helped them recover millions of dollars in compensation. Generally speaking, the plaintiff is seeking damages for their physical, emotional and psychological suffering. The amount of damages awarded may differ based on the person's losses. However, some examples of losses include funeral and burial costs, lost income, loss of consortium as well as pain and suffering, mental anguish, and more. A successful lawsuit can also recover punitive damages against the asbestos-causing party. However, the amount of punitive damages recovered will differ from state to the state. Some states only allow punitive damages up to $1,000,000, whereas other states may not have a limit. The amount of punitive damage that can be awarded is contingent on the severity of the alleged damages as well as the degree of defendant's contribution to the injury. Suits Types If an asbestos exposure victim files a lawsuit, it may be based on the basis of personal injury or on the basis of wrongful death. In both cases, a person sues an asbestos company to seek compensation for the illness they have suffered. Asbestos victims typically file lawsuits at the state level rather than the federal court system because the law favors plaintiffs. After a lawsuit is filed, defendants are served with copies of the complaint and given a specific amount of time to respond. The defendants typically deny the allegations in their response and argue that someone else is accountable 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. Carson asbestos lawyers includes mesothelioma-related diagnosis and treatment records, employment history, and any other relevant documentation. They will also conduct a thorough review of the defendants in order to discover where and how they were exposed. This can include a review of the union, corporate and tax records. Mesothelioma patients can file a lawsuit individually or as part of a class action. Class actions involving asbestos are a form of lawsuit that allows those with similar injuries to join their legal actions in one case. Mesothelioma suits are different from a typical class-action lawsuit, because they result from asbestos exposure that is cumulative. When a lawsuit is filed, attorneys will collaborate with defendants to settle the matter and win it in court. They will negotiate on behalf of the victim however, it is crucial that the victim remains active throughout the process. The plaintiff will be required to testify in depositions as well as in the courtroom. If a settlement cannot be reached, the lawsuit will be heard at trial. Trials are usually heard by a judge or jury. The jury will decide if defendants are responsible for the victim's exposure. If the defendant is found guilty the judge will decide the amount of compensation to be paid to the victim. Evidence The most important condition for a successful asbestos lawsuit is that the plaintiff suffered an injury as a result of exposure to asbestos. This can be asbestosis, lung cancer and mesothelioma. Injured victims can receive compensation for economic and noneconomic damages. Economic damages include past and future medical costs and lost income, lost earning potential, and other costs related to their injuries. Noneconomic damages include pain, suffering, emotional distress, and loss of enjoyment of life. A mesothelioma lawyer can assist patients and their families develop an argument that is strong by looking over medical records, interviewing witnesses and analyzing internal memos from asbestos manufacturers who are defendants. The information could include asbestos databases or other information that will determine the exact location where victims were first exposed to asbestos-related harmful asbestos fibers. A mesothelioma lawyer can help find this information since the mesothelioma latency period can make it difficult for patients to remember their exact work history. Asbestos litigation may also involve multiple companies that are accountable for injuries sustained by victims. Many companies that manufactured asbestos-containing products declared bankruptcy, setting up trust funds to compensate current and future claimants harmed by the products. In most cases, the plaintiffs who file the lawsuit against the companies are asserting negligence and strict liability. The plaintiffs claim that the asbestos-containing companies failed to take reasonable precautions when manufacturing selling, distributing and using their products. This includes not informing workers of the dangers posed by asbestos, and putting inadequate safety measures in place. A successful asbestos case relies on a solid evidence base, including medical records, witness testimony and expert testimony. The lawyers who represent victims have years of experience in asbestos litigation, and will make sure that all evidence is presented to a jury or judge. They will also ensure that the maximum amount of compensation for the victims' injuries and losses. The victims and their families need the best representation in this serious issue. An experienced mesothelioma attorney should be sought out immediately to ensure that deadlines are not missed. Trial Every asbestos claim is unique and requires evidence specific to the case. However, there are some common elements that appear in all cases. For example, a plaintiff must prove that they were exposed to asbestos and that this exposure led to their injury or illness. A successful lawsuit can also pay victims for any future or past losses. This includes the cost of medical treatment as well as lost income and suffering and pain. A mesothelioma lawyer with experience can assist the victim to build an argument for compensation. The first step is filing a complaint with the appropriate court. The complaint outlines the specifics of the case and alleges that defendants were negligent when it came to the exposure of asbestos to people. The legal process of discovery then begins. This includes depositions and interrogatories as well as requests for documents. During this stage, both attorneys will gather as much evidence possible. After this stage is completed attorneys will prepare for trial or settlement negotiations. The defendants must respond after a lawsuit is filed. Often, defendants will make frivolous motions to avoid or limit liability. Our mesothelioma lawyers are adept in securing the best possible outcome and ensuring that your case gets through quickly. Asbestos lawsuits continue to be litigated in the United States as well as around the globe. The companies that employed asbestos are not liable 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 filed on behalf of family members who have lost a loved one because of asbestos exposure. The damages incurred in the case of wrongful death include funeral and burial expenses, loss of companionship, mental distress, 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 loss of income.