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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 the victim was injured due to asbestos containing products that the defendant sold or manufactured. Asbestos sufferers can seek compensation to cover the cost of mesothelioma therapies and also help their families recover income lost. Each state has a statute of limitations that sets the deadlines for filing a lawsuit. Statute of limitations For most types of personal injuries the clock on a statute of limitations starts ticking as soon as the incident occurs. However, asbestos cases are different. Because of the long delay in asbestos's latency, it can be several years before a diagnosis is made. This is why it's essential to consult an expert lawyer as soon as possible. A mesothelioma lawyer can help determine if a claim is valid and the time remaining before the statute of limitations expires. The attorney can advise the victim on filing in multiple states, if they were exposed to asbestos in more than one area. Asheville asbestos attorneys can bring personal injury lawsuits as well as 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 and loss of wages and property damage, as well as quality of life, and other losses. However, the law in every state is slightly different regarding the time limit for asbestos claims. Some states have laws that require the clock to start running as soon as the injury is discovered, whereas others adhere to a primary-rights theory or a specific statute like California's Section 340.2. The mesothelioma lawyers at Lanier Law Firm are well-versed in the law surrounding asbestos claims. The firm has represented clients across the country and helped them recover millions of dollars in compensation. Generally, the plaintiff seeks damages for emotional, physical and psychological stress. The amount of the award could differ greatly based on the extent of the loss. Some examples of losses include funeral costs burial costs loss of income, loss of consortium, mental anxiety, and more. A successful lawsuit could result in punitive damages being awarded to the asbestos-causing party. However the amount of punitive damages recovered will vary from state state. Some states can only allow $1 million in punitive damages, while others may not have a cap. Additionally, the amount of punitive damages that may be determined by the extent of the harms alleged and the degree to which the defendant has contributed to the harm. Types of Suits If asbestos exposure victims file a lawsuit, it could be on an individual injury or the basis of wrongful death. In both cases, the victim is suing an asbestos company in order to get 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. Once a lawsuit has been filed, the defendants are provided with copies of the complaint and given a specified amount of time to respond. Defendants usually deny any claims in their response and claim that someone else is to blame for the asbestos exposure. A mesothelioma lawyer with experience can help victims gather the necessary evidence to prove their claims and assist with lawsuit filing. This includes mesothelioma-related diagnosis and treatment records, employment history, and any other relevant documentation. They will also examine the defendants' files in depth to determine where and how they were exposed. This could include a review corporate, union or tax records. Mesothelioma patients can file a lawsuit individually or as part of a class action. Class actions involving asbestos are a kind 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 over a long period of time. After a lawsuit has been filed, the lawyers 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 for the victim to be an active participant throughout the entire process. The plaintiff will be required to be present at depositions and in the courtroom. If a settlement is not reached the case will go to trial. Most trials are heard by a jury or a judge and the jury will decide whether the defendants are accountable for the victim's exposure. If a defendant is found liable the judge will decide the compensation given to the victim. Evidence The victim has to have suffered an injury as a result of asbestos exposure. This can include mesothelioma, asbestosis, lung cancer, and other ailments. Victims of injuries may be compensated for non-economic and economic damages. Economic damages include the future and past medical expenses as well as lost income, loss of earning potential, as well as other expenses relating to their injuries. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. A qualified mesothelioma lawyer can assist patients and their families build an argument that is solid by reviewing medical records, interviewing witnesses, and studying internal memos and other documents from asbestos manufacturers that are defendants. These databases could include asbestos data and other information that can identify the places where victims were exposed harmful asbestos fibers. A mesothelioma lawyer can help find this information since the latency period of mesothelioma can make it difficult for the patient to remember their exact work history. Asbestos litigation can also involve several companies who are responsible for the injuries suffered by victims. Many of the companies who produced asbestos-containing products filed for bankruptcy proceedings where trust funds were set up for claimants both present and future who were injured by their products. In most cases, plaintiffs who file lawsuits against companies claim strict liability and negligence. The plaintiffs claim that asbestos-containing companies did not exercise reasonable care when manufacturing, selling, and using their products. This includes not warning employees of the dangers associated with asbestos-containing products and failing to implement proper safety measures. A successful asbestos case is dependent on a solid evidence base, including medical documents, witness testimony and expert testimony. The attorneys representing victims are well-versed in asbestos litigation and will ensure that all documentation is submitted to a jury or judge. They will also fight to secure victims the highest amount of compensation for their losses and injuries. The victims and their loved ones deserve the best representation for this serious matter. To avoid missing deadlines, it is important to consult an experienced mesothelioma lawyer immediately. Trial Every asbestos claim is different and requires evidence specific to the case. However, there are common elements that are present in all cases. A plaintiff, for example must prove that they were exposed asbestos and that exposure led to their illness or injury. A successful lawsuit can also pay victims for future and past losses. This includes the cost of medical treatment, lost income, and suffering and pain. A mesothelioma attorney can help victims create an argument that is strong enough to get compensation. The first step is to file an appropriate complaint with the court. This document details the case and claims that the defendants were negligent for exposed asbestos to people. After that the legal process of discovery begins. This includes depositions, interrogatories, and requests for documents. During this stage attorneys will collect as much evidence possible. After this stage, the attorneys will prepare for a trial or settlement negotiations. The defendants are required to respond after a lawsuit is filed. Often, defendants make frivolous motions in order to avoid or reduce liability. Our mesothelioma lawyers are adept at thwarting such tactics and ensuring that your case gets through quickly. Asbestos lawsuits are currently pending in the United States and around the world. This is because the companies who used asbestos haven't taken responsibility for their actions, and the victims deserve fair compensation. Asbestos lawsuits can be filed 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. In wrongful deaths the damages are funeral and burial expenses along with loss of companionship, mental distress, as well as medical expenses and lost wages. A successful lawsuit could include damages for future damages such as loss of income.