Asbestos Exposure Litigation

Asbestos victims have a right to compensation from the companies responsible for their exposure. Mesothelioma cases fall under the products liability law, and must show that an individual was injured due to exposure to asbestos-containing items manufactured or sold by the defendant.


Asbestos sufferers can seek compensation to cover the cost of mesothelioma treatments and help their families recover the income they lost. Each state has its own statute of limitations which sets the deadlines for filing a lawsuit.

Statute of Limitations

The statute of limitations starts to expire for the majority of types of personal injuries when an incident occurs. However, asbestos cases are different. Because of the long latency period of asbestos, it can be years before a diagnosis is established. It is crucial to speak with an expert lawyer as quickly 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 patient about filing in more than one state if the asbestos exposure occurred in more than one location.

Asbestos victims can file personal injury lawsuits or wrongful death lawsuits against the companies that are responsible for their exposure. A successful lawsuit can result in a large amount of money that can be used to pay for medical expenses and loss of wages or property damage, the quality of life and other losses.

The time limit for every state is different. Certain states have statutes that require the clock to begin ticking as soon as the injury is discovered, whereas others follow a principle-right theory or a specific statute, such as California's Section 340.2.

The lawyers from Lanier Law Firm's mesothelioma department 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 damages for their physical, emotional and psychological distress. The amount of the award may vary greatly depending on the extent of the loss. Examples of losses include funeral costs burial costs loss of income, loss consortium, pain and mental anguish, and more.

A successful lawsuit could also recover punitive damages against the asbestos-causing party. The amount of punitive damage recovered will vary from state to state. Certain states allow punitive damages up to $1,000,000, whereas other states may not have a limit. In addition, the amount of punitive damages that may be awarded will depend on the severity of the alleged harms and the degree to which the defendant has contributed to the harm.

Suits Types

If an asbestos exposure victim files a lawsuit, it could be based on an individual injury or the basis of wrongful death. In both cases, a person sues an asbestos company to seek compensation for the illness they've suffered.

Asbestos victims typically file their suits in the state court system rather than the federal court system because the law favors plaintiffs. After the lawsuit is filed, defendants are given copies of the complaint. They are given a set timeframe to respond. In their responses, defendants typically deny all allegations and claim that someone else is responsible for the asbestos exposure.

An experienced mesothelioma lawyer can assist victims in gathering evidence to support their claims, and assist in filing lawsuits. This includes mesothelioma diagnosis and treatment records, employment history, and any other relevant documents. They will also examine the defendants' files in depth to determine where and how they have been exposed. This can include a review of union, corporate and tax documents.

Mesothelioma patients can file a lawsuit individually or as part of a class action. Class action for asbestos is a type litigation that allows people who suffer similar injuries to join legal proceedings into a single case. However, mesothelioma lawsuits are unique in the sense that they don't fit the mold for a typical class action, as mesothelioma can be caused by exposure to asbestos over a long period of time.

After a lawsuit is filed, attorneys will work with defendants to settle the case and then win the case in court. The attorneys will negotiate on behalf of the victim but it is essential that the victim is an active participant in the process. This is because the plaintiff will have to testify at depositions and court hearings.

If a settlement is not reached, the case will proceed to trial. Typically, trials are heard by a judge or jury and the jury decides whether defendants are accountable for the exposure of the victim. If the defendant is found to be accountable and the victim is awarded compensation from an arbitrator.

Mountain View asbestos lawyer for an asbestos lawsuit to be successful is that the victim suffered an injury due to exposure to asbestos. This can include asbestosis mesothelioma, lung cancer and mesothelioma. 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 as well as lost income, loss of earning potential, and other expenses related to their injuries. Non-economic damages include emotional stress as well as pain and suffering, and loss of enjoyment of life.

A mesothelioma lawyer who is experienced can help patients and their families create an effective case by looking over medical records, speaking with witnesses, and studying internal documents and memos from asbestos manufacturers that are defendants. These could include asbestos databases and other information that can identify the places where victims were exposed to harmful asbestos fibers. Because the latency period that is that mesothelioma sufferers experience can make it difficult for patients to recall the specific details of their employment experience, a mesothelioma attorney firm has the resources to uncover this information.

Asbestos litigation also involves multiple companies that are liable for the injuries suffered by victims. Many companies that produced asbestos-containing products filed for bankruptcy, creating trust funds to pay future and current claimants harmed by the asbestos-containing products.

In most cases, the plaintiffs who file the suit against the companies are claiming negligence and strict liability. Plaintiffs claim that asbestos-containing companies did not take reasonable precautions when selling, manufacturing or using their products. This includes not advising workers of the dangers of asbestos and not putting in place appropriate safety measures in place.

A successful asbestos case depends on a solid evidence base, which includes medical records, witness testimony and expert testimony. The lawyers who represent victims have a wealth of experience in asbestos litigation, and will ensure that all evidence is presented before a judge or jury. They will also fight to get victims the maximum compensation available for their injuries and losses. The victims and the people who love them deserve the best representation in this extremely serious case. To avoid being late, it is important to consult an experienced mesothelioma lawyer immediately.

Trial

Each asbestos claim is unique and requires a specific proof. However, there are some common elements that are present in all cases. For example the plaintiff must prove they were exposed to asbestos and that the exposure caused their illness or injury. In addition, a successful lawsuit typically includes compensating victims for past and future losses. This can include medical expenses loss of income, discomfort and pain.

A mesothelioma lawyer can assist victims build an argument that is strong enough to get compensation. The first step is to file a complaint with the appropriate court. The complaint outlines the situation and argues that defendants were negligent in exposure to asbestos by people. Following this the legal process of discovery starts. This includes depositions, interrogatories, and requests for documents. During this time, attorneys from both sides will be working to gather the most evidence they can. When this phase is finished lawyers will begin preparing for settlement or trial negotiations.

Once the lawsuit is filed, the defendants have to respond. Often, defendants attempt to minimize or avoid liability by filing frivolous motions. Our mesothelioma attorneys are adept at thwarting such tactics and ensuring that your case gets through quickly.

Asbestos litigation is currently ongoing in the United States and around the world. This is because the businesses who employed asbestos have not accepted responsibility for their actions, and the victims are entitled to fair 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 because of asbestos exposure. The damages in the case of wrongful death include funeral and burial expenses, loss of companionship, mental distress, and the cost of medical expenses and lost wages. A successful lawsuit could also include damages for future losses like income loss.