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Asbestos Litigation Each asbestos case is unique and, in general, victims have suffered a variety or injuries and illnesses. In most jurisdictions, firms that manufactured, sold or used asbestos are liable for the exposure of an individual. Mesothelioma cases usually involve multiple defendants. Asbestos exposure may occur over a long period of time or for a long period of time. What is Asbestos Litigation? Asbestos litigation is a lawsuit brought by asbestos victims against companies responsible for the manufacture distribution, sale and manufacture of asbestos. Lawsuits in this area of tort law concentrate on the relationship between asbestos exposure and the development of diseases like mesothelioma, lung cancer and asbestosis. In a mesothelioma lawsuit, the victim is usually awarded damages for compensation. Compensation can cover a range of losses, including medical expenses, both past and future and loss of earnings as well as suffering and pain. In certain cases, plaintiffs can recover punitive damage meant to punish defendants and discourage them from repeating the same behavior in the future. The legal basis for most asbestos lawsuits is product liability which includes common and statutory laws that permit victims to file claims against manufacturers, distributors, suppliers, and retailers of defective products. The main legal theory in these cases is that the companies who sold asbestos-containing products did not exercise reasonable care when it came to the making, testing and selling of the products. These failures are alleged to include the inability to provide adequate warnings, insufficient design or manufacturing, and the use of dangerous products. Lawyers for mesothelioma typically make claims against a variety of defendants due to the fact that a lot of companies supplied asbestos that caused the disease. The companies were usually located in different states or even countries. To bring a mesothelioma claim, attorneys must determine the source of the asbestos exposure which usually requires a thorough study of employment, union and tax records dating back many years. Mesothelioma lawsuits can seek compensation for the victim, as and the restitution of any physical or financial losses. This could include the loss of income from missed work due to asbestos-related illnesses. It could also mean loss of enjoyment of life and other losses. Contact a mesothelioma lawyer who is experienced as soon as you can. In most civil cases the statute of limitations – the period within which a claim needs to be filed – starts at the time of the injury. For mesothelioma cases however, the statute of limitations begins to begin running from the date of diagnosis. How Can I Get Mesothelioma Compensation? In some instances asbestos-related illnesses are compensated, as are the associated losses that go with them. To receive financial compensation, a complicated legal process is typically required. The first step to claim compensation is to submit an application. The amount of compensation depends on the state laws and the speed at which a person is able to file an application. The lawyer of the victim will assist them determine and meet the best date for filing their claim. Typically there are two kinds of claims a patient with mesothelioma may file to obtain compensation for their illness and the expenses that result from it. Patients with mesothelioma can bring a personal injury lawsuit to claim compensation for at-home medical bills, loss of income, and more. Family members of mesothelioma patients can file a wrongful death lawsuit to recover compensation for funeral expenses, lost companionship, and much more. It is important to contact an experienced mesothelioma law firm as quickly as you can to begin the claim process. There are state laws known as statutes of limitations that restrict the time a victim has to file their claim. This limitation can be as low as a year. Even if someone has been diagnosed with mesothelioma over a long time, it is important to speak with a mesothelioma lawyer. Lawyers can assist in determining the other ways that a victim might be eligible to receive compensation. The first step in the claim process is determining the source of the victim's exposure to asbestos. This usually involves a examination of union and work documents. Lawsuits can be resolved by trial or through settlement. Both may take years or months to settle. Mesothelioma patients that qualify for VA benefits as well as workers' compensation benefits could receive compensation earlier. A mesothelioma lawyer can help their clients in the VA claims process as well as the workers' compensation claims process. This includes making sure they complete all necessary paperwork and submit the correct documents. Asbestos lawyers can also assist veterans in determining whether they are eligible to receive additional compensation from bankruptcy trust funds established by the companies responsible for their asbestos exposure. What is the Statute of Limitations for Mesothelioma Cases? In the United States, there are statutes of limitations that dictate the time frame for which victims must make a claim. This is true both for personal injury lawsuits and claims for wrongful deaths arising from asbestos exposure. Mesothelioma lawsuits aren't an exception to these laws. The statutes of limitations may differ from one state to another. Therefore, victims and their families should consult an expert lawyer to determine the best filing location. The reason why this is so important has to do with do with the mesothelioma latency period that can last between 10 to 40 years from the initial exposure to diagnosis. This means that patients may be unable to meet the deadlines imposed by their state's statute of limitations. Due to this issue, New York altered its statute of limitations laws for asbestos cases. Atlanta asbestos lawyers bases the statute of limitations on the date of a formal mesothelioma diagnosis. The change was prompted by a 1973 court case which examined statutes of limitations laws in cases involving hazardous substances. Typically, victims should be filed within the state in which they reside or where the majority of asbestos exposure occurred. However, if a person relocated to work or retired to another state, this should be considered when deciding the best jurisdiction. This is particularly crucial when a victim was exposed to asbestos in more than one place for example, multiple states or multiple asbestos companies. It is essential that victims consult a seasoned lawyer immediately due to the complexities, exceptions and extensions of the mesothelioma's statutes of limitations. This will ensure that the statute of limitations begins to run and the patient is not denied compensation. It is also essential for victims to understand that it is never too late to file an asbestos lawsuit. Even if the statute of limitations is past there are still ways to get compensation. For example asbestos trust funds. It is crucial for victims to work with an attorney who is specialized in asbestos litigation to ensure they don't be denied any possible compensation. Contact us for mesothelioma attorneys to learn more about filing options for those who have missed the statute of limitations deadlines. How Does Asbestos Litigation Work? Each asbestos case is unique and requires an exhaustive investigation. The identification of the defendants is crucial to an effective claim. Many asbestos victims were exposed to multiple asbestos products and companies. Buildings are usually contaminated by asbestos fibers when they have been bombed, burnt down or otherwise destroyed. The process of locating the sources of a victim's exposure can be long and requires interviewing family members, co-workers as well as vendors, abatement workers and manufacturers and obtaining various documents. The next step is to prove the plaintiff's claim. The attorney must demonstrate that the victim suffers from an asbestos-related disease and has suffered damage as a result of the condition. The law provides for reimbursement for medical expenses, lost wages and future earnings, as well as pain and suffering. In some cases there are punitive damages available for businesses that have were negligent and caused a victim's injury. The amount of money that the victim will receive is another important aspect of an asbestos claim. There are many asbestos victims who have received settlements and jury awards that amount to millions of dollars. However there are a number of cases where the settlement is comparatively low. Many asbestos cases settle for a tiny amount due to the fact that many asbestos companies have been shut down and have set aside huge funds to pay asbestos claims. Lawyers usually sign a contingency fee agreement with their clients. This arrangement ensures that the attorney will only be paid if they obtain the client from a verdict or settlement. the client. Attorneys are also able to advance all reasonable case-related expenses, and will be reimbursed for these expenses out of any amount recovered in the case. If a case doesn't settle out of the courtroom, it will be heard at trial. The jury will look over medical records and hear expert witness testimony. The jury may take several days to reach a verdict and the defendants may appeal. If the defendants do not appeal, the victim may expect to receive their payments within a few months following the verdict.