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Asbestos Exposure Litigation Asbestos victims are entitled to receive compensation from the companies responsible for their exposure. Mesothelioma claims fall under products liability law. They must establish that a person suffered injury from exposure to asbestos containing products that the defendant manufactured or sold. Asbestos victims can seek compensation for mesothelioma treatment as well as to assist their families in recovering lost income. Each state has a statute of limitations that sets out the deadlines for filing a lawsuit. Statute of Limitations For most forms of personal injury the statute of limitations begins at the moment the incident occurs. However, asbestos cases are different. Because of the long latency period of asbestos it can take years before a diagnosis can be confirmed. This is why it's crucial to consult an expert lawyer as soon as possible. A mesothelioma attorney can help determine whether a claim is valid and the length of time before the statute of limitations expires. The lawyer can also advise the patient about filing in multiple states if their asbestos exposure was in more than one place. Asbestos exposure victims can file a personal injury lawsuit or wrongful death lawsuit against the companies that are responsible. A successful lawsuit could lead to an award of a significant amount to help with medical expenses, lost income and property damage, loss of quality of life, and other losses. However the law in each state is slightly different in regards to the time limit for asbestos claims. Certain states have statutes that require the clock to start ticking as soon as the injury is discovered, while others follow a principle-right theory or specific statutes, such as California's Section 340.2. The lawyers from Lanier Law Firm's mesothelioma department are knowledgeable about the laws regarding asbestos claims. The firm has helped clients recover millions of dollars from all over the country. In general the case, the plaintiff seeks damages for emotional, physical and psychological emotional and psychological distress. The amount of the award may vary greatly depending on the person's losses. However, some examples of losses include funeral and burial costs, lost income and consortium loss, pain and suffering mental anguish, and more. A successful lawsuit could also result in punitive damages being recovered against the asbestos-causing party. However, the amount of punitive damages recouped will vary from state to the state. Some states may only allow $1 million in punitive damages, while others may not have a cap. The amount of punitive damage that can be awarded is contingent on the severity of the alleged injuries and also the degree of the defendant's role in the injury. Suits of different types The victim of asbestos exposure could file a lawsuit for personal injury or wrongful death. In both instances, the victim goes up against an asbestos-related company to receive compensation for their condition. Asbestos victims typically file their suits in the state court system instead of the federal court system because the law is more favorable to plaintiffs. After a lawsuit is filed, defendants receive copies of the complaint. They have a specified timeframe to respond. In their response, defendants typically dismiss all allegations and argue that someone else was responsible for the asbestos exposure. An experienced mesothelioma attorney 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 histories and any other pertinent documentation. They will also conduct a thorough review of the defendants in order to discover the circumstances under which they were exposed. This may include a thorough review of the union, corporate and tax documents. Mesothelioma patients can file a lawsuit individually or as part of a group action. Asbestos class action is a type litigation that allows people who suffer similar injuries to join legal proceedings into one case. However, mesothelioma cases are unique in that they don't fit the typical class action, since mesothelioma is usually caused by asbestos exposure over a period of time. After a lawsuit is filed, the attorneys will work with defendants to settle the case and then win the case in court. They will negotiate on behalf of the victim, but it is important for the victim to remain active throughout the entire process. The plaintiff will be required to be present at depositions as well as in court. If a settlement cannot be reached, the lawsuit will go to trial. Most trials are heard by a judge or jury and the jury will decide whether defendants are responsible for the victim's exposure. If that a defendant is found to be responsible to pay compensation, a judge will decide the compensation given to the victim. Evidence The most important requirement for an asbestos lawsuit to be successful is that the victim suffered an injury due to exposure to asbestos. This can include mesothelioma, asbestosis, lung cancer and other ailments. Victims of injuries may be compensated for economic and noneconomic damages. Economic damages refer to the cost of medical treatment in the past and in the future, lost income, lost earning potential, as well as other expenses relating to their injuries. Non-economic damages include emotional stress, pain and suffering and loss of enjoyment of life. A mesothelioma lawyer will help patients and their families create a strong argument by reviewing medical records, interviewing witness and analyzing internal memos from asbestos manufacturers that are defendants. These databases could include asbestos data and other data that could identify the places where victims were exposed dangerous asbestos fibers. Since the latency period associated with mesothelioma may make it difficult for patients to remember the exact details of their work history, an experienced mesothelioma law firm has resources to uncover this information. Asbestos litigation could include multiple companies that are accountable for injuries sustained by victims. Many of the companies that produced asbestos-containing products filed for bankruptcy proceedings where trust funds were established for future and present claimants who were harmed by their products. In the majority of cases, plaintiffs who bring the lawsuit against the companies are asserting negligence and strict liability. The plaintiffs allege that the asbestos-containing firms failed to exercise reasonable care in manufacturing and selling their products. This includes failing to warn workers of 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 documents, expert testimony and witness testimony. The attorneys representing victims are experts in asbestos litigation and will ensure that all evidence is presented to a jury or judge. They will also fight to get victims the highest amount of compensation for their losses and injuries. The victims and those who love them should receive the best representation in this serious matter. An experienced mesothelioma attorney must be sought out immediately to ensure that deadlines are not missed. Trial Each asbestos claim is unique and requires specific evidence. There are some elements that are common to the majority of cases. A plaintiff, for example must be able to establish that they were exposed asbestos and that exposure led to their illness or injury. In addition the process of bringing a lawsuit includes compensating victims for past and future losses. This includes medical treatment, lost income, and suffering and pain. An experienced mesothelioma lawyer can help a victim build an effective case for compensation. The first step is to file a claim at the appropriate court. The complaint outlines the specifics of the case, and claims that the defendants were negligent in exposing asbestos-related diseases to the public. Following this, the discovery process is legal. This includes depositions and interrogatories as well as requests for documents. During this time, the attorneys from both sides will be working to gather the most evidence they can. After this phase the attorneys will prepare for an upcoming trial or settlement negotiations. The defendants must respond when a lawsuit is filed. Often, defendants will make frivolous motions to minimize or avoid liability. Our mesothelioma lawyers are skilled in thwarting these tactics and ensuring that your case moves forward quickly. Asbestos litigation continues in the United States as well as all over the world. Miami Gardens asbestos lawyers is because the companies who used asbestos haven't taken responsibility for their actions, and the victims deserve fair compensation. Asbestos lawsuits are available for both personal injuries and wrongful death. Wrongful death claims are filed on behalf of family members who have lost loved ones because of asbestos exposure. In wrongful death claims the damages are funeral and burial costs as well as loss of companionship and mental distress, in addition to medical expenses and lost wages. A successful lawsuit could include damages for future damages such as loss of income.