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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, and must establish that a person suffered injury from exposure to asbestos-containing products the defendant manufactured or sold. Asbestos victims can claim compensation for mesothelioma treatment as well as to help their families recover lost income. However, each state has a set of timeframes in laws called statutes of limitations. Statute of limitations For most forms of personal injuries the statute of limitations begins at the moment the incident occurs. However, asbestos cases are different. For instance, it could take years between exposure to asbestos and diagnosis due to the disease's long latency period. This is why it is so important to speak with an expert lawyer immediately. A mesothelioma lawyer can help determine whether a claim is valid and the length of time before the statute of limitation expires. The lawyer can also advise the victim on filing a claim in more than one state if the asbestos exposure was in more than one place. 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 help with medical expenses, lost income, property damage, loss of quality of life, and other expenses. However the law in each state differs slightly when it comes to the statute of limitations for asbestos claims. Certain states have laws that require the clock to start ticking as soon as the injury is discovered, while others follow a principle-right theory or specific statutes like California's Section 340.2. Lanier Law Firm's mesothelioma attorneys are familiar with the law concerning asbestos claims. The firm has represented clients from across the nation and helped them recover millions of dollars in compensation. In general, the plaintiff seeks damages for emotional, physical, and psychological emotional and psychological distress. The amount of the award could vary based on the person's losses. However, some examples of losses are funeral and burial expenses, lost income and consortium loss as well as pain and suffering, mental anguish and many more. A successful lawsuit may also result in punitive damages being awarded to the asbestos-causing party. However, the amount of punitive damages awarded will differ from state to the state. Some states can limit the amount to $1 million in punitive damages, while others may have no cap. The amount of punitive damage that is awarded is contingent on the severity of the alleged injuries as well as the degree of the defendant's involvement in the injury. Suits Types A victim of asbestos exposure could file a lawsuit for personal injury or wrongful deaths. In both instances, the victim faces an asbestos company in order to receive compensation for their condition. Asbestos victims typically make their claims at the state court level, rather than in the federal court system. This is due to the fact that the law favors plaintiffs. Once a lawsuit has been filed, the defendants are served with copies of the complaint and given a specific time frame to respond. Defendants usually deny any claims in their response and argue that someone else is to blame for the asbestos exposure. An experienced mesothelioma attorney can help patients gather the needed evidence to support their claims and assist in lawsuit filing. This includes mesothelioma diagnosis and treatment records as well as employment histories and other relevant documentation. They will also review the defendants' records in depth to determine how and where they have been exposed. This can include a review of the union, corporate and tax documents. Mesothelioma patients are able to bring individual lawsuits or a class action. Asbestos class actions are a form of litigation that permits people with similar injuries to combine their legal proceedings in one case. However, mesothelioma cases are unique because they do not fit the standard mold of a class action, as mesothelioma is most often caused by cumulative asbestos exposure. Once a lawsuit is filed, the lawyers involved will work with the defendants to either resolve the case or win it at trial. The attorneys will negotiate on behalf of the victim, but it is vital that the victim remains an active participant in the process. The plaintiff is required to be present at depositions and in the courtroom. If no settlement is reached the case will go 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. In the event that a defendant is found to be responsible the judge will decide the amount of compensation to be awarded to the victim. Evidence The victim has to have suffered an injury as a result of asbestos exposure. This could include asbestosis mesothelioma, lung cancer, and mesotheliom. Victims of injuries may be compensated for non-economic and economic damages. Economic damages include the future and past medical expenses and lost income, lost earning potential, and other costs related to their injuries. Non-economic damages include emotional distress as well as pain and suffering, and loss of enjoyment of life. A mesothelioma lawyer who is experienced can assist patients and their families build a strong case by reviewing medical records, interviewing witnesses, and analyzing internal memos and other documents from asbestos manufacturers who are defendants. These could include asbestos databases and other information that can pinpoint where the victims were exposed to the dangerous asbestos fibers. A mesothelioma lawyer can help uncover this information because the mesothelioma latency period can make it difficult for patients to recall their specific job history. Asbestos litigation can also involve multiple companies that are liable for the harm suffered by victims. Many of the companies that made asbestos-containing products filed for bankruptcy proceedings through which trust funds were established for present and future claimants who were harmed by their products. In the majority of cases, plaintiffs who bring the suit against the companies are seeking strict liability and negligence. Plaintiffs assert that asbestos-containing firms did not take reasonable precautions when selling, manufacturing or using their products. This includes not warning employees of the dangers associated with a asbestos-containing product and putting in place improper safety measures. A successful asbestos case is based on a solid evidence base. This includes medical records, expert testimony, and witness testimony. The lawyers representing the victims have a wealth of experience in asbestos litigation, and will make sure that all evidence is submitted before a judge or jury. They will also fight to secure victims the maximum compensation available for their injuries and losses. The victims and their families require the best representation in this serious matter. To avoid missing deadlines, it is crucial to speak with an experienced mesothelioma lawyer right away. Trial Each asbestos claim is distinct and requires proof specific to the claim. There are some elements that are common to most cases. For Duluth asbestos lawsuits must be able to prove they were exposed to asbestos and that the exposure led to their injury or illness. A successful lawsuit will also compensate victims for future and past losses. This includes the cost of medical treatment loss of income, pain and suffering. A mesothelioma lawyer can help victims create an argument that is strong enough to get compensation. The first step is to file a complaint at the appropriate court. The complaint outlines the situation and argues that defendants were negligent in exposed asbestos to people. After this the discovery process is legal. This includes depositions, interrogatories and requests for documents. During this time, the lawyers on both sides will try to gather as much evidence as possible. When this phase is finished attorneys will prepare for trial or settlement negotiations. The defendants must respond when the lawsuit has been filed. Often, the defendants will try to minimize or eliminate liability by filing frivolous motions. Our mesothelioma lawyers are skilled at thwarting these tactics and ensuring your case moves quickly. Asbestos litigation continues throughout the United States as well as across the globe. The companies that employed asbestos do not accept responsibility for their actions, and the victims need an equitable amount of compensation. Asbestos lawsuits are filed for personal injury and wrongful-death claims. Wrongful death claims are filed on behalf of family members who have lost a loved one due to asbestos exposure. The damages associated with the case of wrongful death include funeral and burial expenses and loss of companionship mental anxiety, and the expense of medical expenses and lost wages. A successful lawsuit could also include damages for future losses like income loss.