Asbestos Litigation
In the courts across the country, asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage as well as disease.
An attorney should be able to identify asbestos in each case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation can help with lost wages medical costs, and other costs related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.
In asbestos cases, there are usually multiple defendants because there are many mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in an employer capacity could also be liable for injuries sustained by victims.
Asbestos suits typically fall under laws governing product liability which are based on state and common laws which permit damages to be recouped from sellers of products when those products cause injury. In a suit for product liability where the injuries resulted from an ineffective design or fabrication, and that the person injured was not adequately warned about the dangers associated with products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a wide range of ailments. Companies that concealed asbestos dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found responsible for the victim's asbestos-related injuries, a jury or judge could decide how to split the burden of responsibility among them in a process called apportionment. The apportionment does not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a company who manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment for their condition as well as the loss of wages due to being unable to work. Victims can also be awarded compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.
An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress or pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who has passed away due to an asbestos-related condition can make a claim for wrongful death.
Once an asbestos case has been filed and a settlement is reached, both sides share information in the process of discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer handling their case. The law firm that a victim or their family selects should be aware of the unique complexities of asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.
LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation for our clients.
If you have any 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 in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover suffering and pain.
Asbestos cases are often settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the condition. Lawyers can gather evidence and use it in the preparation of an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn't tell their workers or the general public.
A number of states have set a limit, known as a statute of limitations for how long asbestos-related victims can sue. The length of time varies from state to state, but generally range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma can be filed, the victims will lose their right to compensation.
The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos victims may also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Some trusts are empty, while some continue to pay huge amounts of money. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.
In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical costs loss of wages, damages to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases are more complicated than car accident cases where it is usually simple to identify the responsible parties. This is especially the case when an individual was exposed to more than one type of asbestos and in multiple locations. newton asbestos lawyer seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create a comprehensive database of employers as well as their products and locations.
There is growing concern that the expense of settling claims of asbestos victims from the past is consuming funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries, and they should be compensated more.
Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment or a finding that there was no exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.