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Asbestos Litigation Each asbestos claim is unique and, in general, victims have suffered from a mix of illnesses and injuries. Harlingen asbestos lawsuit in most jurisdictions holds that companies who manufactured asbestos, sold or used it could be liable for exposure to asbestos that a person has. Mesothelioma lawsuits typically involve multiple defendants. Asbestos exposure is often a common thing over a long period of time or for a long period of time. What is Asbestos Litigation? Asbestos litigation is a form of lawsuit brought by asbestos-related victims to companies responsible for the production, distribution and sales of asbestos. The cases in this field of tort law focus on the relationship between asbestos exposure and diseases such as mesothelioma, lung cancer and asbestosis. In a mesothelioma lawsuit, the victim is usually awarded compensation for damages. Compensation may cover past and future medical costs, loss of income, and discomfort and pain. In some instances plaintiffs may be able to recover punitive damages to punish defendants and discourage them from repeating the same behavior in the future. Most asbestos lawsuits are based on the concept of product liability. This includes common and statutory law that permits victims to bring claims against manufacturers and distributors of defective products. The main legal theory in these cases is that the companies that sold asbestos-containing products did not exercise reasonable care in the production, testing and selling of the products. These failures are alleged to include a inability to provide adequate warnings, inadequate design or manufacturing practices, and the use of dangerous products. Mesothelioma lawyers usually seek to pursue lawsuits against multiple defendants, since a variety of companies supplied the asbestos that caused harm to mesothelioma patients. These companies were typically located in different states and even countries. In order to file mesothelioma lawsuits, lawyers must determine the cause of the asbestos exposure which typically requires a examination of union, employment and tax records going to decades ago. In addition to seeking compensation for the victim, mesothelioma lawsuits could also seek restitution from the defendants for any property or financial losses. This could include loss of income due to work missed due to asbestos-related illnesses. It could also include loss of enjoyment of life and other losses. It is important to consult with a mesothelioma lawyer who is experienced whenever you can. In most civil cases the statute of limitations – the time limit within which a claim must be filed – begins to run from the date of the injury. For mesothelioma cases however, the statute of limitations starts to begin running from the date of diagnosis. What can I do to get compensation for mesothelioma? In some cases, victims can receive compensation for their asbestos-related illnesses and the losses associated with them. However the process of obtaining financial compensation usually requires a lengthy legal procedure. The first step is to file an claim. The amount of money awarded depends on the state laws and the speed at which a person files an application. A lawyer for the victim will help them determine and meet the most suitable time to file their claim. In general there are two kinds of claims a patient with mesothelioma is able to file to receive compensation for their condition and the expenses that result from it. Mesothelioma sufferers may file a lawsuit for personal injury in order to receive compensation for medical expenses or at-home medical care and loss of income. Patients' families can file a wrongful death lawsuit to seek compensation for funeral costs, lost companionship and more. Contacting an experienced mesothelioma lawyer as early as you can to begin the claim process is vital. There are state laws known as statutes of limitations that restrict how long a victim has to file their claim. This can be as little as one year. It is also important to seek the help of mesothelioma lawyers even if someone was diagnosed with mesothelioma a long time ago. Lawyers can help determine other ways in which a victim could be eligible for compensation. The first step in the claim process is determining the source of a victim's exposure to asbestos. This usually involves a review of union and work records. Settlements or trials may settle lawsuits. Both may take months or several years to settle. Mesothelioma patients that qualify for VA benefits as well as workers' compensation benefits could be paid sooner. A mesothelioma lawyer can assist their clients with the VA claims or workers' compensation claims process. This includes making sure they complete all required paperwork and submit the correct documents. Asbestos lawyers can help veterans determine if they are eligible to receive additional compensation from trust funds for bankruptcy set up 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 how long a victim has to file a lawsuit. This is applicable to personal injury suits and claims for wrongful deaths arising from asbestos exposure. Mesothelioma lawsuits are not an exception to these laws. However, the statutes of limitation can differ from state to state. Therefore, victims and their families must work with an experienced lawyer to determine the most appropriate filing location. The reason this is so important has to do with relate to the mesothelioma's latency period, which can take between 10 to 40 years from the initial exposure to diagnosis. Patients may be late in meeting deadlines stipulated by their state's statutes of limitations. New York changed its asbestos statute of limitations laws in response to this issue. The state base its statute of limitations on the date when a formal diagnosis of mesothelioma was made. The change was prompted by a 1973 court case which examined statutes of limitations in hazardous substance cases. Typically, victims file their lawsuits in the state that they reside in or have been exposed to asbestos the most. However, if an individual moved for work or retired in another state, it should be considered when determining the most appropriate jurisdiction. This is particularly important in the event that a person was exposed to asbestos in more than one place for example, multiple states or several asbestos companies. Due to the complexities, exceptions and extensions involved with mesothelioma statutes of limitation, it is important for victims to contact an experienced lawyer as soon as they can. This will ensure that the correct statute of limitations starts running and the victim does not miss out on compensation. It is also crucial for victims to understand that it is never too late to make an asbestos lawsuit. Even if a statute limitations has already passed, there are other options for compensation, like asbestos trust funds. To ensure that victims are not left out of potential compensation, it is essential to consult an asbestos litigation attorney. Contact us for mesothelioma attorneys to learn more about filing options for victims who have missed statute of limitations deadlines. How Does Asbestos Litigation Work? Each asbestos case is distinct and requires a thorough investigation. Finding the defendants is essential to an effective claim. Many asbestos victims were exposed numerous asbestos-related companies and products. This is because the buildings were often contaminated with the deadly fibers after being bombed, burned down or otherwise demolished. Finding the cause of a victim’s exposure is a long-winded procedure that involves interviewing colleagues and vendors as well as the abatement personnel and manufacturers. Once the defendants are identified, the next step is to create a plaintiff's case. The lawyer must prove that the victim is suffering from an asbestos-related illness and has suffered damages as a result. The law allows for compensation for medical costs as well as lost wages, future earnings, and pain and discomfort. In some cases there are punitive damages available for companies that did not act properly and caused injury to a victim. The amount the victim will receive is an important aspect of a claim for asbestos. Many asbestos victims have been awarded settlements or jury awards in the millions of dollars, but there are also numerous cases that settle for small amounts. The reason that asbestos cases be settled for so little is because many of the companies who used asbestos have gone out of business, and large funds have been put aside to cover asbestos-related claims. Lawyers typically negotiate a contingency fee agreement with their clients. This arrangement ensures that the attorney will only be paid if he gets a settlement for their client. Attorneys will also pay any reasonable expenses related to the case and will be reimbursed for these expenses from any amount recovered in the case. If a case is unable to settle out of the courtroom, it is likely to proceed to trial. The jury will look over medical records and listen to expert testimony from witnesses. It could take a number of days for the jury to make a verdict, and it is possible that the defendants file an appeal. If the defendants don't appeal, the victim may expect to receive payments within a few months after the verdict.