Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung damage and lung disease by research.
An attorney must be able identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical expenses and other costs associated with mesothelioma. You can either start a lawsuit or offer an offer of settlement to the defendants.
There are typically several defendants in an asbestos case because there are many mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted as employers may also be accountable for the injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that permit damages to be recovered against producers of products if those products cause injury to. In a lawsuit involving product liability it is claimed that injuries resulted from an ineffective design or fabrication, and that the person injured wasn't adequately warned about the dangers of the products.
In asbestos cases, defendants typically argue that they did not do anything in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products is linked to different diseases. Additionally, companies that concealed asbestos's dangers to increase profits have been accused of covering up the issue by attempting to suppress claims and attempting to block workers from seeking financial compensation for injuries they sustained.
A judge or jury can decide on how to split responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is known as allocation. The apportionment of liability does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that produced or sold asbestos can help victims receive compensation. This includes the expense of medical treatment for their illness and lost earnings due to the inability to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not take reasonable precautions to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of this risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma may start an asbestos lawsuit. An individual can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional stress as well as loss of enjoyment life and pain and suffering. Additionally, the surviving family members of a person who died from an asbestos-related disease may file a wrongful death lawsuit.
Once an asbestos-related case has been filed, the two sides exchange information through the process known as discovery. This process can last for a long time and may include extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm that the victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.
LK's attorneys are asbestos litigation experts who have years of experience 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, please contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into their client's employment history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing material. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their employees or to the public.
A number of states have time limits, called statutes of limitations which determine how long asbestos victims have to make a claim. The length of time varies from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.
The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical bills. Asbestos victims might also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts are depleted, but others continue to pay out significant awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. merced asbestos attorneys can also help to resolve issues that are not resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition resulted from specific exposures.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical costs and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma juries' awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to identify the parties, asbestos cases can be more complex. This is especially true when an individual was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or asbestos workers, to build an inventory of the companies, products, and locations.
The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.
Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. These motions, however, require a thorough examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming part of the backlog in the courts.