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Asbestos Exposure Litigation Asbestos-related victims are entitled to compensation from companies accountable for their exposure. Mesothelioma claims fall under the product liability law, and must prove that the person suffered injury from exposure to asbestos-containing products the defendant made or sold. Asbestos patients may seek compensation to cover the cost of mesothelioma treatments and help their families recover the income they lost. Every state has a statute of limitations which sets out the deadlines for filing a lawsuit. Statute of limitations For most types of personal injuries, the clock on a statute of limitations begins ticking as soon as the incident occurs. However, asbestos cases are different. Because of the lengthy delay in asbestos's latency it could take years before a diagnosis is made. This is why it is so important to speak with an expert lawyer as soon as you can. A mesothelioma attorney can help determine if an action is feasible, and how much time is left before the statute of limitations runs out. The attorney can advise the patient on filing in multiple states in the event that they were exposed to asbestos in more than one area. Asbestos exposure victims can bring a personal injury lawsuit or wrongful death suit against the companies that are accountable. A successful lawsuit can result in a substantial amount of money that can be used to pay for medical expenses and loss of wages, property damage, quality of life, and other losses. However the law in each state differs slightly in regards to the time limit for asbestos claims. Certain states have laws that require the clock to start ticking as soon as the injury is discovered, whereas others follow a primary-right theory or a specific statute, such as California's Section 340.2. The lawyers from Lanier Law Firm's mesothelioma department are well-versed in the law surrounding asbestos claims. The firm has represented clients from across the nation and helped them collect millions of dollars in compensation. In general, the plaintiff seeks damages for physical, emotional, and psychological distress. The amount of the award may vary greatly depending on the individual's losses. Some examples of losses are funeral and burial costs and income loss and consortium loss as well as pain and suffering, mental anguish and many more. A successful lawsuit could result in punitive damages being awarded to the asbestos-causing party. However, the amount of punitive damages awarded will vary from state to state. Some states only allow punitive damages up to $1,000,000, while others may not have a limit. In addition the amount of punitive damages which can be granted will be based on the extent of the harms alleged and the extent to which the defendant has contributed to the injury. Suits Types If an asbestos exposure victim files a lawsuit, it may be on the basis of personal injury or on the basis of wrongful death. In both cases, the person faces an asbestos company to recover compensation for their condition. Asbestos victims typically file their lawsuits at the state level rather than the federal court system because the law favors plaintiffs. When an action is filed, defendants receive copies of the complaint. They have a specified time frame to respond. In their response, defendants typically deny all allegations and claim that someone else was accountable for the asbestos exposure. A mesothelioma lawyer with experience can help patients gather the needed evidence to prove their claims, and also assist with lawsuit filing. This includes mesothelioma diagnoses and treatment records, employment history and any other pertinent documents. They will also review the defendants' files in depth to determine where and how they were exposed. This could include a review of corporate, union and tax documents. Mesothelioma patients can file a lawsuit on their own or as part of a class action. Class action for asbestos is a kind of litigation that permits people who have suffered similar injuries to combine legal proceedings into a single case. Mesothelioma suits differ from a typical class-action lawsuit, because they result from cumulative asbestos exposure. After a lawsuit has been filed, the attorneys involved will collaborate with defendants to settle the case or prevail at trial. The attorneys will negotiate for the victim but it is crucial that the victim remains an active participant in the process. This is because the plaintiff will need to give evidence during court hearings and depositions. If a settlement is not reached, the case will go to trial. Most trials are heard by a judge or jury and the jury will decide whether the defendants should be held accountable for the exposure of the victim. If a defendant is found liable the judge will decide the amount of compensation to be awarded to the victim. Evidence The victim has to have suffered an injury due to asbestos exposure. This can be asbestosis, lung cancer and mesothelioma. Injured victims can receive compensation for non-economic and economic damages. Economic damages include the cost of medical treatment in the past and in the future, 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 qualified mesothelioma lawyer can help patients and their families build an effective case by looking over medical records, speaking with witnesses, and studying internal documents and memos from defendant asbestos manufacturers. This information can include asbestos databases and other data that could pinpoint the location where the victims first became exposed to the harmful fibers. Since the time of latency that mesothelioma sufferers experience can make it difficult for patients to recall the exact details of their work history, an experienced mesothelioma law firm has sources to discover this information. Asbestos litigation also involves several companies who are responsible for the injuries suffered by victims. Many of the companies that produced asbestos-containing products filed for bankruptcy proceedings where trust funds were set up for present and future claimants who were injured by their products. In most cases, the plaintiffs who file the suit against the companies are seeking strict liability and negligence. The plaintiffs allege that the asbestos-containing firms failed to exercise reasonable care in manufacturing and selling their products. This includes not warning workers about the dangers of asbestos-containing products, 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. Daly City asbestos attorneys representing the victims have years of experience in asbestos litigation, and will make sure that all documentation is presented before a judge or jury. They will also fight to get victims the highest amount of compensation for their injuries and losses. The victims and their families require the best representation in this serious issue. An experienced mesothelioma attorney must be sought out immediately to avoid missing deadlines. Trial Each asbestos claim is unique and requires evidence specific to the case. Certain elements are common to the majority of cases. A plaintiff, for instance must establish that they were exposed asbestos and that exposure caused their illness or injury. Additionally the process of bringing a lawsuit involves compensating victims for their past and future losses. This can include medical expenses as well as lost income, pain and discomfort. A mesothelioma lawyer can help victims build an argument that is strong enough to get compensation. The first step is filing an action with the appropriate court. The complaint outlines the specifics of the case and alleges that the defendants were negligent in exposing people to asbestos. After that, the legal process of discovery begins. This includes interrogatories, depositions, and requests for documents. In this phase attorneys will collect as much evidence as they can. After this stage the attorneys will prepare for the possibility of a trial or settlement negotiations. After a lawsuit is filed, the defendants need to respond. Often, defendants will file frivolous motions to avoid or reduce liability. Our mesothelioma lawyers are skilled at thwarting such tactics and ensuring that your case gets through quickly. Asbestos litigation continues in the United States as well as all over the world. The companies that used asbestos are not accepting responsibility for their actions, and the victims are entitled to fair compensation. Asbestos lawsuits can be filed for both personal injuries as well as wrongful deaths. Wrongful Death claims are filed by relatives of those who have lost loved ones to asbestos exposure. The damages incurred in the case of wrongful death include funeral and burial expenses and loss of companionship mental distress, and the cost of medical expenses and lost wages. A successful lawsuit can also include compensation for future damages, such as loss of income.