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Asbestos Exposure Litigation Asbestos victims are entitled to compensation from the companies responsible for their exposure. Mesothelioma claims fall under the product liability law, and must prove that a person suffered injury from exposure to asbestos-containing products the defendant made or sold. Asbestos patients can seek compensation for mesothelioma treatments and to assist their families in recovering lost income. But, each state has time frames outlined in statutes of limitations. Garland asbestos lawsuits of Limitations The statute of limitations begins to expire for the majority of kinds of personal injuries as soon as an incident occurs. However, asbestos cases are different. Because of the long delay in asbestos's latency it can take years before a diagnosis can be made. This is why it's essential to consult an expert lawyer as soon as you can. A mesothelioma attorney can help determine if a claim is valid and the length of time before the statute of limitation expires. The attorney can also advise the victim about filing in multiple states if their asbestos exposure occurred in more than one area. Asbestos victims can make personal injury lawsuits or wrongful death lawsuits against the companies that caused their exposure. A successful lawsuit could result in a large amount of money that can be used to pay for medical expenses as well as loss of wages or property damage, the quality of life and other losses. However the law in each state is different in regards to the time limit for asbestos claims. Some states have a requirement that the clock starts to run when an injury is discovered. Others adhere to a fundamental 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 laws governing asbestos claims. The firm has represented clients across the country and assisted them in recovering millions of dollars in compensation. Generally, the plaintiff is seeking compensation for their physical, emotional and psychological distress. The amount of damages awarded can vary based on the individual’s losses. Some examples of losses are funeral and burial costs as well as lost income as well as 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 recouped will differ from state to the state. Some states can limit the amount to $1 million in punitive damages, while other states may not have a cap. In addition the amount of punitive damages that can be awarded will depend on the degree of the harms claimed and the degree to which the defendant has contributed to the injury. Suits Types A person who has been exposed to asbestos can file a lawsuit to recover personal injury or wrongful deaths. In both cases, the victim sues an asbestos company to get compensation for the injuries they've suffered. Asbestos victims typically file lawsuits at the state level rather than the federal court system, because the law is more favorable to plaintiffs. After a lawsuit is filed, the defendants are served with copies of the complaint and given a certain time frame to respond. In their responses, defendants typically deny all allegations and claim that someone else is responsible for the asbestos exposure. An experienced mesothelioma attorney will help patients gather the needed evidence to prove their claims and assist in lawsuit filing. This includes mesothelioma diagnoses and treatment records, employment histories and any other pertinent documents. They will also conduct a thorough review of the defendants in order to discover the circumstances under which they were exposed. This could include a look at the tax, union or corporate records. Mesothelioma patients can file a lawsuit on their own or as part of a class action. Asbestos class action is a type litigation that allows people who suffer similar injuries to combine legal proceedings into one. Mesothelioma suits differ from the typical class-action lawsuit because they result from asbestos exposure over a long period of time. After a lawsuit has been filed, the lawyers will collaborate with defendants to settle the case and win it in court. They will negotiate on behalf of the victim, but it is vital for the victim to remain actively involved throughout the process. This is because the plaintiff will be required to testify during court hearings and depositions. If a settlement cannot be reached the case will be sent to trial. Typically, trials are heard by a jury or a judge and the jury will decide whether defendants are responsible for the victim's exposure. If the defendant is found to be accountable for the victim's exposure, they will be awarded compensation from a judge. Evidence The victim must have suffered an injury due to asbestos exposure. This could include asbestosis mesothelioma, lung cancer, and mesotheliom. Injured victims are entitled to compensation for both economic and non-economic damages. Economic damages include the cost of future and past medical treatment as well as loss of income, loss of earning capacity, 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 families build solid arguments by reviewing medical records, speaking with witnesses and reviewing internal memos from defendant asbestos manufacturers. The information could include asbestos databases or other data that could determine the exact location where victims first became exposed to asbestos-related harmful fibers. A mesothelioma lawyer can help find this information since the latency period of mesothelioma can make it difficult for patients to remember their exact work history. Asbestos litigation also involves multiple companies that are liable for the harm suffered by victims. Many of the companies that produced asbestos-containing products went through bankruptcy proceedings where trust funds were created for present and future claimants who were injured by their products. In the majority of instances, plaintiffs who file lawsuits against companies assert strict liability and negligence. Plaintiffs claim that asbestos-containing companies didn't exercise reasonable care when selling, manufacturing or using their products. This includes failing to inform employees of the dangers associated with a asbestos-containing product and failing to implement proper safety measures. A successful asbestos case is dependent on a solid evidence base, including medical records, witness testimony and expert testimony. The lawyers representing the victims have a wealth of experience in asbestos litigation and will ensure that all evidence is submitted to a judge or jury. They will also fight for the maximum compensation that is possible for victims' injuries and losses. The victims and those who love them deserve the best legal representation in this serious matter. To avoid missing deadlines, it is crucial to speak with an experienced mesothelioma lawyer immediately. Trial Each asbestos claim is distinct and requires proof specific to the claim. Certain elements are common to the majority of cases. A plaintiff, for instance must demonstrate that they were exposed to asbestos and that exposure caused their illness or injury. In addition the process of bringing a lawsuit involves compensating victims for their past and future losses. This includes medical expenses loss of income, discomfort and pain. A mesothelioma attorney 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. This document details the case and alleges the defendants were negligent in exposing people asbestos. After that the legal process of discovery begins. This includes interrogatories and depositions as well as requests for documents. During this time, attorneys from both sides will work to gather the most evidence they can. After this stage is completed attorneys will prepare for trial or settlement negotiations. After the lawsuit is filed the defendants have to respond. Often, defendants will make frivolous motions to avoid or reduce liability. Our mesothelioma attorneys are adept in securing the best possible outcome and ensuring your case moves quickly. Asbestos litigation continues in the United States as well as across the globe. This is because the companies who used asbestos haven't accepted the responsibility for their actions, and victims deserve fair compensation. Asbestos lawsuits are available for both personal injuries and wrongful deaths. Wrongful death claims are filed on behalf of family members who have lost a loved one because of asbestos exposure. The damages associated with wrongful death cases include funeral and burial expenses and loss of companionship mental distress, and the cost of medical bills and lost wages. A successful lawsuit may also include damages for future losses such as lost income.