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Asbestos Exposure Litigation Asbestos victims have a right to receive compensation from the companies responsible for their exposure. Bend asbestos lawsuit claims fall under the products liability law, and must establish that a victim was injured due to asbestos containing products that the defendant manufactured or sold. Asbestos patients 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 time limits for filing a lawsuit. Statute of limitations For the majority of personal injuries the 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 could take years before a diagnosis can be confirmed. It is crucial to speak with a specialist lawyer as soon as you can. A mesothelioma lawyer can assist determine whether a claim is valid and the time remaining before the statute of limitations expires. The lawyer can guide the victim on filing in multiple states in the event that they were exposed to asbestos in more than one location. Asbestos victims may make personal injury lawsuits or wrongful death lawsuits against the companies that caused their exposure. A successful lawsuit could result in a substantial financial award to cover medical expenses as well as lost income or property damage, loss of quality of life and other damages. However the law in each state is different regarding the time limit for asbestos claims. Certain states require that the clock begins to tick as soon as an injury is discovered. Others adhere to a fundamental right theory or a specific law, such as 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 nation and assisted them in recovering millions of dollars in compensation. Generally, the plaintiff seeks damages for physical, emotional and psychological suffering. The amount of damages awarded may vary widely depending on the extent of the loss. Some examples of losses include funeral expenses, burial costs, loss of income, loss of consortium, mental anguish, and more. A successful lawsuit can also result in punitive damages being recovered against the asbestos-causing party. The amount of punitive damage recovered will vary from state to state. Certain states allow punitive damages of up to $1,000,000, whereas other states may not have a limit. 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. Types of Suits The victim of asbestos exposure can file a lawsuit to recover personal injury or wrongful death. In both cases, the victim faces an asbestos company in order to recover compensation for their illness. Asbestos victims typically file suits in the state court system rather than the federal court system, because the law favors plaintiffs. When the lawsuit is filed, defendants are given copies of the complaint. They are given a set time frame to respond. Defendants usually deny any allegations in their response and argue that someone else is to blame for the asbestos exposure. An experienced mesothelioma lawyer can help victims gather evidence to support their claims and assist in lawsuit filing. This includes mesothelioma 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 could include a review of corporate, union or tax records. Mesothelioma victims can make individual lawsuits or a group action. Class actions involving asbestos are a kind of litigation that allows people who suffer from similar injuries to join their legal proceedings in one case. However, mesothelioma lawsuits are unique in the sense that they do not fit the standard mold of a class action, since mesothelioma is usually caused by cumulative asbestos exposure. After a lawsuit has been filed, the lawyers will work with defendants to settle the matter and then win the case in court. The attorneys will negotiate on behalf of the victim, but it is vital that the victim remains active in the process. The plaintiff is required to be present at depositions as well as in court. If a settlement is not reached, the case will go to trial. Trials are usually heard by a jury or judge. The jury will decide if the defendants are accountable for the victim’s exposure. If the defendant is found be liable for the victim's exposure, they will be awarded compensation from a judge. Evidence The victim must have suffered an injury due to asbestos exposure. This can include mesothelioma, asbestosis, lung cancer, and other conditions. Injured victims can receive compensation for non-economic and economic damages. Economic damages refer to the costs of future and past medical care as well as loss of income, lost earning capacity and other costs related to their injuries. Noneconomic damages include pain and suffering, emotional distress and loss of enjoyment of life. A qualified mesothelioma attorney can assist patients and their families build an argument that is solid by reviewing medical records, interviewing witnesses, and studying internal documents and memos from defendant asbestos manufacturers. The information could include asbestos databases, or other data that could determine the exact location where victims first came in contact with asbestos-related harmful fibers. A mesothelioma lawyer can help uncover this information because the mesothelioma latency period can make it difficult for the patient to recall their specific work history. Asbestos litigation may also involve multiple companies that are accountable for injuries sustained by victims. Many companies that manufactured asbestos-containing products declared bankruptcy, setting up trust funds to compensate current and future claimants harmed by the products. In most cases, the plaintiffs who bring the lawsuit against the companies are seeking strict liability and negligence. The plaintiffs allege that the asbestos-containing companies failed to exercise reasonable care in manufacturing, selling and using their products. This includes not warning workers of the dangers of asbestos-containing products and failing to implement proper safety measures. A successful asbestos case relies on a solid foundation of evidence. This includes medical documents, expert testimony and witness testimony. The attorneys representing the victims are knowledgeable about asbestos litigation and will make sure that all evidence is presented to a judge or jury. They will also fight for the maximum compensation possible for victims' injuries and losses. The victims and their families deserve the best representation for 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. Certain elements are common to all cases. For instance a plaintiff must be able to prove they were exposed to asbestos and that exposure caused their illness or injury. In addition, a successful lawsuit typically involves compensating victims for past and future losses. This can include medical expenses loss of income, discomfort and pain. A seasoned mesothelioma lawyer will assist the victim to build an effective case for compensation. The first step is to file a complaint with the appropriate court. This document details the case and claims that the defendants were negligent in exposing people asbestos. The legal process of discovery then begins. This includes depositions, interrogatories and requests for documents. During this stage lawyers will gather as much evidence possible. After this phase the attorneys will prepare for a trial or settlement negotiations. The defendants must respond when a lawsuit is filed. Often, the defendants will try to reduce or avoid liability by filing frivolous motions. Our mesothelioma lawyers are adept at thwarting these tactics and ensuring that your case is resolved quickly. Asbestos litigation continues in the United States as well as around the globe. This is due to the fact that the companies who used asbestos haven't admitted the responsibility for their actions and victims deserve fair compensation. Asbestos lawsuits are filed to address personal injury as well as wrongful death claims. Wrongful Death claims are brought by family members of those who have lost loved ones to asbestos exposure. The damages incurred in the case of wrongful deaths include funeral and burial costs as well as loss of companionship, mental anxiety, and the cost of medical expenses and lost wages. A successful lawsuit could also include the compensation for future losses, like income loss.