Asbestos Litigation
In courts all over the nation, asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung disease and damage through research.
An attorney should be able identify asbestos in each case. This can be done by talking with co-workers collecting records, or analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can help with lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You can start a lawsuit or offer an agreement to the defendants.
There are typically multiple defendants in asbestos cases because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted as employers could also be held responsible for the injuries of victims.
Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recovered against sellers of products if those products cause injuries. In a product liability suit it is claimed that the injuries were caused by the design defect or manufacturing error and that the person injured was not adequately informed about the risks associated with the products.
In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products can lead to a range of illnesses. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to block workers from seeking compensation for their injuries.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge may determine how to divide the responsibility among them in a process known as the apportionment. The apportionment process does not alter the amount that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that produced or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their condition, as well as lost wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to inform consumers and workers about this risk.
A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma are able to bring an asbestos lawsuit. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. Family members who are survivors of those who have died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
After an asbestos lawsuit is filed the parties exchange information during the process of discovery. This may take a few months, and may require extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and their asbestos-related products.
It is important that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities of asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.
The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us by phone or email today to get started.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their workers or the general public.
A number of states have set a time limit, known as a statute of limitations for the length of time asbestos victims can sue. These time periods vary by state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to compensation.
The amount of money that victims can receive depends on the asbestos-related diagnosis they receive as well as how serious their condition is, and other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure patients have enough money to pay for their medical bills. Asbestos-related victims may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts are empty, while others still pay substantial awards. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. surprise asbestos lawsuit can also help to resolve problems that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the patient's condition resulted from specific exposures.
In a court of law, plaintiffs need to prove they are entitled damages, including past and future medical costs loss of wages, damages to property, pain and discomfort, and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the last decade mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand how to proceed during the trial process and also explain their legal rights in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is generally easy to identify responsible parties. This is especially true when the person has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and abatement workers to compile an inventory of products, employers, and the locations.
There is a growing concern the expense of settling claims from past asbestos victims is draining funds which could be used to fund future cases. Some claimants also think that settlements aren't basing on actual injuries and should be compensated more.
Defense attorneys can argue to dismiss asbestos claims using summary judgment or a finding that there was no exposure. These motions need a thorough examination of the evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming a part of the backlog in the courts.