Asbestos Litigation
In courts all over the country, asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung diseases and damage by research.
An attorney must be able identify asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can be used to pay for medical expenses, lost wages and other costs related to mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case.
In asbestos cases, there are typically several defendants since there are numerous mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted in the capacity of an employer could also be held responsible for injuries suffered by victims.
Asbestos lawsuits are often categorized under laws governing product liability that are based on state and common laws which permit damages to be recovered from the sellers of products if those products cause injury. In a lawsuit involving product liability where the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately warned about the risks associated with the products.
In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a range of illnesses. Companies who concealed asbestos-related risks to increase profits were accused of cover-up as they sought to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the burden of responsibility among the defendants in a process referred to as allocation. The apportionment process does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost of medical treatments for their condition and lost wages because of being unable to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim, or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. 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. Additionally, the surviving family members of a deceased person from an asbestos-related illness can bring a wrongful death lawsuit.
After an asbestos case has been initiated, the parties share information through the process of discovery. This can last several months, and may require extensive interviews with co-workers or relatives, abatement employees and others to discover potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can help cover pain and suffering.
Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.
Mesothelioma cases are complex, and attorneys must do extensive research on the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.
During depositions and discovery prior to trial mesothelioma lawyers may discover evidence of asbestos companies negligence. rialto asbestos lawsuit is found in internal memos, corporate documents and testimony from former employees who worked with asbestos-containing material. In many cases, these documents show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related diseases, but did not disclose the information to their employees or to the public.
Many states set time limits, called statutes of limitations, on how long asbestos victims have to start a lawsuit. The length of time varies from state-to-state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.
The amount victims can receive depends on their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Some of these trusts have been closed, but others continue paying out substantial awards. In 2018, a federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, including differences in the method of calculating damages and whether the condition was caused by specific exposures.
In a court of law, plaintiffs need to prove they have a right to damages, including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can be long. In the past decade mesothelioma-related jury awards cases have risen significantly, and are far more than the amount that is awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand what to do in the court process and explain their rights under the law in an open courtroom. A qualified attorney can also help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is usually simple to identify the responsible parties. This is especially true if an individual has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to create an extensive list of companies as well as the locations of their products and.
The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Some claimants believe that settlements do not reflect actual injuries and they should be compensated more.
Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a finding of no exposure. These motions require an exhaustive examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and keep the case from becoming a burden in the courts.