Asbestos Litigation
A large amount of asbestos-related litigation has been handled by courts across the country. Research has proved that exposure to asbestos can cause lung damage and illness.
It is crucial that attorneys know how to identify asbestos products in every case. This can be accomplished by chatting with colleagues in the office, collecting records, and studying samples from home or workplaces.
Liability
You could be eligible for compensation when you or someone you love has been diagnosed with a condition related to asbestos. Compensation can help with lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You can choose to make a claim or offer an offer of settlement to the defendants.
There are typically several defendants in asbestos cases because there are a variety of mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos, or who were employers could be held accountable for the victims' injuries.
Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the person injured was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a wide range of ailments. Companies that concealed asbestos-related risks to boost profits were accused of a cover-up, and they attempted to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.
If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility between them in a process called allocation. The apportionment process does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous, but failed to warn workers and consumers about the dangers.
An asbestos lawsuit may be filed by a victim or estate of a person who died due to an asbestos-related illness, such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional anxiety and loss of enjoyment of life as well as suffering and pain. Additionally, the surviving family members of a deceased person from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos case has been filed the parties share information in a process called discovery. It can take several months, and may require extensive interviews with co-workers, relatives, abatement workers, and others to identify possible defendants and their asbestos-related products.
It is crucial that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases.
The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can help cover pain and suffering.
Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also prevent negative publicity that may come from a trial verdict. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public.
There are many states that set time limits which are known as statutes of limitation, on how long an asbestos victim can start a lawsuit. These deadlines vary from state to state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose their right to receive compensation.
The amount of compensation that victims receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also file claims using trust funds which were created to compensate those who have been diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts have dwindled, however others continue to award substantial awards. In 2018 the United States court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, for instance the different methods of calculating damages and whether the patient's condition was caused by specific exposures.
In a trial the plaintiffs have to prove that they have the right to damages, which include past and future medical expenses, lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be long. In the last 10 years mesothelioma jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A qualified lawyer can also help to identify potential defendants. visalia asbestos attorneys to litigation involving car accidents where it's usually easy to identify the responsible parties, asbestos cases can be more complex. This is particularly true when a person has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers to compile a database of the companies, products, and the locations.
The expense of settling asbestos claims drains funds which could have been used to pay future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they deserve more compensation.
Plaintiffs in asbestos cases can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions, however, require a thorough examination of the evidence and an expert's assessment that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming a part of the backlog in the courts.