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Asbestos Exposure Litigation Asbestos-related victims are entitled to compensation from the companies that are accountable for their exposure. Mesothelioma cases fall under the products liability law, and must show that the victim was injured as a result of exposure to asbestos-containing products manufactured or sold by the defendant. Asbestos victims can claim compensation for mesothelioma treatment and to help their families recover lost income. However, each state has a set of timeframes in statutes of limitations. Longmont asbestos lawsuit of limitations The statute of limitations begins to run for most types of personal injuries the moment an incident occurs. However, asbestos cases are different. Because of the lengthy latency period of asbestos it can take years before a diagnosis can be made. This is why it is crucial to consult an expert lawyer as soon as possible. A mesothelioma attorney can help determine whether a claim is valid and the time remaining before the statute of limitations expires. The attorney can also advise the patient about filing in more than one state if the asbestos exposure was in more than one place. Asbestos sufferers can bring personal injury lawsuits as well as wrongful death lawsuits against the companies that are responsible for their exposure. A successful lawsuit could result in a substantial amount of money to cover medical expenses, loss of income and property damage, loss of quality of life, and other damages. The statute of limitations in each state is slightly different. Some states have laws that require that the clock start clocking once the injury is discovered, whereas others follow a principle-right theory or a specific statute like California's Section 340.2. The mesothelioma lawyers at Lanier Law Firm are knowledgeable about the laws concerning asbestos claims. The firm has helped clients recover millions of dollars across the country. Generally, the plaintiff is seeking compensation for physical, emotional and psychological suffering. The amount of damages awarded may differ based on the individual’s losses. However, some examples of losses include funeral and burial costs as well as lost income and consortium loss, pain and suffering 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 damage recovered will vary from state to state. Some states only allow punitive damages of up to $1,000,000, while other states do not have a limit. Additionally, the amount of punitive damages that may be granted will be based on the extent of the harms alleged and the degree to which the defendant contributed to the injury. Suits Types If asbestos exposure victims file a lawsuit, it could be on an individual injury or wrongful death basis. In both cases, a victim seeks to sue an asbestos company in order to recover compensation for the illness they've suffered. Asbestos victims typically make their claims at the state level, rather than in the federal court system. This is due to the fact that the law favors plaintiffs. When the lawsuit is filed, defendants are given copies of the complaint. They are given a specific time frame to respond. Defendants typically deny any allegations in their response and argue that a third party is accountable 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 documentation. They will also conduct a thorough examination of the defendants to determine what they did and how they were exposed. This could include a look at corporate, union or tax records. Mesothelioma patients can file a lawsuit on their own or as part of a group action. Class action for asbestos is a type litigation that allows people who have suffered similar injuries to combine legal proceedings into one. Mesothelioma suits are different from the typical class-action lawsuit because they result from asbestos exposure that is cumulative. Once a lawsuit has been filed, the lawyers involved will work with the defendants to resolve the case or prevail at trial. The attorneys will negotiate for the victim, but it is essential that the victim is an active participant in the process. The plaintiff is required to testify in depositions as well as in the courtroom. If a settlement cannot be reached, the lawsuit will go to trial. Trials are typically heard by a judge or jury. The jury will decide if defendants are accountable for the victim's exposure. In the event the defendant is found guilty, a judge will determine the compensation paid to the victim. Evidence The victim must have sustained an injury due to asbestos exposure. This can include mesothelioma, lung cancer, asbestosis and a variety of other conditions. Victims of injuries are entitled to compensation for economic and non-economic damages. Economic damages include the cost of medical treatment in the past and in the future as well as lost income, loss of earning potential, as well as other expenses related to their injuries. Non-economic damages include emotional distress along with pain and suffering as well as loss of pleasure in life. A mesothelioma lawyer will help patients and families build an argument that is strong by looking over medical records, interviewing witness and studying internal memos of defendant asbestos manufacturers. This can include asbestos databases or other data that could pinpoint the location where the victims first became exposed to asbestos-related harmful asbestos fibers. Since the latency period associated with mesothelioma may make it difficult for patients to recall the specific details of their work history, an experienced mesothelioma attorney firm has the resources to uncover this information. Asbestos litigation may also involve multiple companies that are liable for the injuries sustained by victims. Many of the companies that made asbestos-containing products went through bankruptcy proceedings, where trust funds were set up for claimants both present and future who were harmed by their products. In the majority of instances, plaintiffs filing lawsuits against companies claim strict liability and negligence. Plaintiffs assert that asbestos-containing firms didn't exercise reasonable care when manufacturing, selling or distributing their products. This includes not informing workers of the dangers of asbestos and putting improper safety measures in place. A successful asbestos case is based on a solid evidence base. This includes medical documents, expert testimony and witness testimony. The lawyers who represent victims have extensive experience in asbestos litigation, and will make sure that all evidence is presented to a jury or judge. They will also fight to ensure that they get victims the maximum amount of compensation for their losses and injuries. The victims and their loved ones need the best representation in this serious matter. A mesothelioma lawyer with experience should be consulted immediately to avoid missing deadlines. Trial Each asbestos claim is unique, and requires specific proof. However, there are common elements that are found in the majority of cases. A plaintiff, for example must be able to establish that they were exposed asbestos and that exposure caused their injury or illness. A successful lawsuit will also be able to compensate victims for future and past losses. This includes medical expenses, lost income and pain and discomfort. A mesothelioma lawyer can assist victims build an argument that is strong enough to get compensation. The first step is filing an action with the appropriate court. This document details the case and claims that the defendants were negligent for exposed asbestos to people. The legal process of discovery begins. This includes depositions, interrogatories and requests for documents. During this time, the attorneys on both sides will work to gather the most evidence they can. Once this phase is complete, the lawyers will prepare for settlement or trial negotiations. The defendants must respond after a lawsuit is filed. Often, defendants will make frivolous motions in order to avoid or reduce liability. Our mesothelioma lawyers are adept at thwarting such tactics and ensuring your case moves quickly. Asbestos lawsuits are currently pending in the United States and around the world. The companies that used asbestos are not accepting responsibility for their actions, and the victims deserve 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. In wrongful death claims, damages include funeral and burial expenses, loss of companionship and mental distress, as well as medical bills and lost wages. A successful lawsuit may also include damages for future losses such as lost income.