Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled by courts across the nation. Research has shown that asbestos exposure can cause lung damage and cause disease.
An attorney must be able to identify asbestos in each case. This can be done by talking with co-workers collecting records, or taking samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation can cover lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case.
In asbestos cases, there are generally 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. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos claim or who were employers could be held liable for injuries to victims.
Asbestos lawsuits are often categorized under products liability laws that are based on common and state laws that allow for damages to be recovered from sellers of products when the products cause injuries. Specifically, in a product liability lawsuit, it’s claimed that the injuries were caused by a mismanufacture or a design defect and that the victim was not adequately warned about the dangers that could result from using the 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 long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that concealed asbestos risks to make profits were accused of a cover-up. They tried to deny claims and block workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the burden of responsibility among them in a process known as the apportionment. The apportionment doesn’t alter the amount of compensation that the plaintiff may receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently and did not take reasonable care to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.
A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person can file a lawsuit for personal injury to claim compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment the life. In addition, the surviving family members of a deceased person due to an asbestos-related illness may file a wrongful death lawsuit.
When an asbestos lawsuit has been filed, the two sides share information through an process known as discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm a victim or their family selects should be aware of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants 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 renowned for asbestos attorney our success to obtain the maximum amount of compensation for clients.
If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, asbestos attorney Texas. We represent clients throughout the nation. Call or email us today to begin.
Settlements
If Asbestos Attorney victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.
Asbestos cases often settle rather than go to trial, as it is cheaper and easier for the defendant company to settle the case this way. Settlements also reduce the negative publicity that can come with a verdict at trial. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into the history of their clients’ employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will discover evidence of asbestos companies’ negligence. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related ailments, but didn’t disclose this information to their employees or to the public.
A number of states have time limits which are known as statutes of limitation on the time an asbestos victim has to file a lawsuit. The time frames vary from state to state but typically range between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed the victims will lose their right to compensation.
The amount patients can receive is contingent on their asbestos-disease diagnosis, how severe their condition is, as well as other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients receive enough funds to pay for medical expenses. Asbestos victims might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.
Some of these trusts are exhausted, but others continue to pay out substantial awards. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and whether the victim’s condition was caused by exposures specific to the victim.
In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as discomfort and pain and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process is often lengthy. In the last decade, jury awards for mesothelioma have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the steps to take in the trial procedure and will explain their rights under the law in a courtroom with an open door. A qualified 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 if someone was exposed more than one kind of asbestos at multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of products, employers and places.
There is a growing concern that the cost of settling claims from asbestos victims in the past is draining funds which could be used to pay for future cases. In addition, some claimants think that settlements aren’t basing on actual injuries and deserve more in compensation.
Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a conclusion of no exposure. These motions, however, require an in-depth examination of the evidence and an expert’s opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming part of the backlog in the courts.