Asbestos Litigation
A large amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease through research.
It is crucial that attorneys know how to identify asbestos products in every case. This can be accomplished by speaking with colleagues, obtaining records, and studying samples from home or work sites.
Liability
You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation may cover lost wages, medical costs and other costs related to mesothelioma. You can make a claim for compensation or make an offer of settlement to the defendants in the case.
There are usually multiple defendants in an asbestos-related case because there are a variety of mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in a position of employer could also be liable for the injuries sustained by victims.
Asbestos lawsuits are often categorized under the law of product liability that are based upon common and state laws which allow damages to be recovered from the seller of a product when those products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a defective design, and the person who suffered injury wasn't adequately warned of the dangers associated with using the products.
In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a range of illnesses. Companies that concealed asbestos-related risks to boost profits were accused of cover-up, and they attempted to deny claims and block workers from seeking an amount of compensation for their injuries.
If more than one defendant is found to be liable for the victim's asbestos-related injuries, a jury or judge may determine how to divide the responsibility among the defendants in a process referred to as apportionment. The apportionment does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company who manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their condition and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.
A victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma are able to file an asbestos lawsuit. A person may make a claim for personal injury in order to obtain compensation for other and economic damages like emotional distress as well as pain and suffering and loss of enjoyment the life. In addition, the survivor family of someone who died from an asbestos-related illness can make a claim for wrongful death.
After an asbestos case has been filed, the two sides exchange information via the process of discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers and others to identify potential defendants.
It is essential for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family chooses be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.
The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to obtain the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, please 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, Texas. We represent clients across the nation. Contact us via email or phone now to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they 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 also help with the pain and suffering.
Asbestos cases often settle rather than go to trial because it is less expensive and easier for the defendant company to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is important to hire a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research into the medical records of their clients and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it to construct a strong mesothelioma lawsuit.
During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge this information to their employees or to the general public.
Many states set time limits also known as statutes or limitations, on how long an asbestos victim must file a lawsuit. These time periods vary by state, but they typically vary from one to two years. If the statute of limitation expires before a case for mesothelioma is filed victims will lose their right to receive compensation.
The amount of compensation a victim can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money for their medical bills. Asbestos sufferers can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related ailments.
Certain trusts have dwindled, however others continue to pay substantial prizes. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving 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 a specific exposure.
In a trial the plaintiffs have to prove that they have the right to damages, which include past and future medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma cases, jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can help victims understand how to proceed in the court process and also explain their legal rights in an open courtroom. A qualified attorney can also assist in identifying potential defendants. sunrise asbestos lawyer can be more complicated than litigation involving car accidents, where it is typically simple to identify the responsible parties. This is particularly true if 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 asbestos workers, to build a database of employers, products and places.
There is a growing concern the expense of settling claims from asbestos victims in the past has a negative impact on funds which could be used to fund future cases. Some claimants believe that settlements don't reflect actual injuries and they deserve more compensation.
Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a finding of no exposure. However they must be able to provide a thorough review of the evidence and an expert's opinion that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a part of the backlog in the courts.