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Asbestos Exposure Litigation Asbestos victims have a right to receive compensation from the companies responsible for their exposure. Mesothelioma claims fall under the product liability law. They must prove that the victim was injured due to asbestos containing products that the defendant sold or manufactured. Asbestos patients may seek compensation to cover the cost of mesothelioma treatments and help their families recover income lost. Each state has its own statute of limitations that spells out the deadlines for filing a lawsuit. Statute of limitations For the majority of personal injuries the clock on a statute of limitations begins ticking as soon as the incident occurs. However, asbestos cases are different. For instance, it could take years between exposure to asbestos and diagnosis due to the long latency period. This is why it is so important to speak with an expert lawyer immediately. A mesothelioma attorney can help determine whether or not the claim is a viable one and also how long is left before the statute of limitations runs out. The lawyer can guide the patient on filing in several states, if they were exposed to asbestos in more than one area. Asbestos victims may make personal injury lawsuits or wrongful death lawsuits against the companies that are responsible for their exposure. A successful lawsuit could lead to a substantial financial award to cover medical expenses as well as loss of income or property damage, loss of quality of life, and other damages. The time limit for each state differs slightly. Certain states have statutes that require the clock to begin ticking as soon as the injury is discovered, while others adhere to a primary-rights theory or a specific statute like California's Section 340.2. Lanier Law Firm's mesothelioma attorneys are well-versed in the law regarding asbestos claims. The firm has represented clients from across the nation and assisted them in recovering millions of dollars in compensation. In general the lawsuit, the plaintiff seeks compensation for emotional, physical and psychological stress. The amount of the award may vary based on the person's losses. Some examples of losses are funeral expenses burial costs loss of income, loss consortium, pain and mental anguish, and many more. A successful lawsuit can also be able to recover punitive damages from the asbestos-causing party. The amount of punitive damages that is awarded will vary from state to state. Certain states will limit the amount to $1 million in punitive damages however, other states could have no cap. The amount of punitive damages that is awarded is contingent on the severity of alleged injuries and also the degree of the defendant's role in the injury. Suits Types A person who has been exposed to asbestos may file a lawsuit for personal injury or wrongful death. In both cases, a victim sues an asbestos company to recover compensation for the illness they have suffered. Asbestos sufferers typically make their claims in the state court system and not in the federal court system. This is due to the fact that the law favors plaintiffs. After the lawsuit is filed, defendants receive copies of the complaint. They are given a specific time frame to respond. The defendants typically deny the allegations in their response and argue that a third party is to blame for the asbestos exposure. A mesothelioma lawyer with experience can help patients gather the needed evidence to support their claims, and also assist with lawsuit filing. This includes mesothelioma-related diagnosis and treatment records, employment histories, and any other relevant documents. They will also conduct a thorough examination of the defendants to determine what they did and how they were exposed. This may include a thorough review of corporate, union and tax records. Mesothelioma victims can bring individual lawsuits or a class action. Asbestos class actions are a type of lawsuit that allows those with similar injuries to join their legal proceedings in one case. Mesothelioma lawsuits differ from the typical class-action lawsuit because they result from asbestos exposure that is cumulative. After a lawsuit has been filed, the attorneys involved will collaborate with defendants to either resolve the case or prevail at trial. Farmington Hills asbestos lawyers will negotiate on behalf of the victim but it is vital for the victim to remain active throughout the entire process. This is because the plaintiff will have to provide testimony during court hearings and depositions. If a settlement is not reached the case will go to trial. Trials are usually heard by a judge or jury. The jury will decide if the defendants are responsible for the victim’s exposure. If a defendant is found liable, a judge will determine the amount of the damages given to the victim. Evidence The victim has to have suffered an injury due to asbestos exposure. This can include asbestosis, lung cancer and mesothelioma. Victims of injuries may be compensated for economic and noneconomic damages. Economic damages include past and future medical costs and lost income, lost earning potential, as well as other expenses relating to their injuries. Non-economic damages include emotional stress along with pain and suffering as well as loss of enjoyment of life. A qualified mesothelioma lawyer can help patients and their families build a strong case by reviewing medical records, interviewing witnesses, and studying internal documents and memos from asbestos manufacturers that are defendants. These databases could include asbestos data as well as other information that can determine the exact location where the victims were exposed to the dangerous fibers. A mesothelioma lawyer can assist discover this information as the mesothelioma latency period can make it difficult for patients to recall their specific work history. Asbestos litigation also involves multiple companies that are liable for the injuries sustained by victims. Many companies that made asbestos-containing products filed for bankruptcy, establishing trust funds to compensate current and future claimants harmed by the products. In the majority of cases, plaintiffs who bring the lawsuit against the businesses are claiming negligence and strict liability. The plaintiffs allege that the asbestos-containing companies did not exercise reasonable care in manufacturing, selling and using their products. This includes not advising workers about the dangers of asbestos and not putting in place appropriate safety measures in place. A successful asbestos case depends on a strong evidence base, which includes medical records, witness testimony, and expert testimony. The attorneys representing the victims are knowledgeable about asbestos litigation and will make sure that all documentation is submitted to a judge or jury. They will also fight to get victims the maximum compensation available for their injuries and losses. The victims and their families deserve the best representation for this serious issue. An experienced mesothelioma attorney should be consulted immediately to avoid missing deadlines. Trial Every asbestos claim is unique and requires a specific proof. However, there are some common elements that are present in all cases. For example a plaintiff must prove they were exposed to asbestos and that exposure led to their injury or illness. A successful lawsuit will also be able to compensate victims for past and future losses. This includes medical expenses loss of income, discomfort and pain. A mesothelioma attorney can help victims build a strong case to receive compensation. The first step is filing an action with the appropriate court. The complaint details the case and claims that the defendants were negligent in exposed asbestos to people. The legal process of discovery begins. This includes depositions, interrogatories, and requests for documents. In this phase lawyers will gather the most evidence they can. Following this the attorneys will prepare for the possibility of a trial or settlement negotiations. The defendants are required to respond when a lawsuit has been filed. Often, the defendants will attempt to minimize or avoid liability by filing frivolous motions. 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. This is because the companies that used asbestos have not accepted the responsibility for their actions, and the victims are entitled to fair compensation. Asbestos lawsuits are filed for both personal injury as well as wrongful death claims. Wrongful Death claims are brought by relatives of those who have lost loved ones to asbestos exposure. The damages associated with the case of wrongful deaths include funeral and burial expenses as well as loss of companionship, mental anxiety, and the cost of medical bills and lost wages. A successful lawsuit could also include damages for future losses like lost income.