Asbestos Litigation
A large portion of asbestos-related cases have been handled in courts across the nation. Research has proven that asbestos exposure can cause lung damage as well as disease.
An attorney must be able to recognize asbestos in every case. This can be done by talking to co-workers, getting documents, or by analyzing samples taken from home or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for 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 many defendants in an asbestos case due to the numerous mining companies who produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers who used asbestos or who were employers could be held accountable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. In a lawsuit involving product liability it is claimed that injuries were caused due to the design defect or manufacturing error and that the person who was injured was not adequately warned of the dangers of 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 known for years that asbestos-containing products are linked to a wide range of ailments. Companies that concealed asbestos risks to boost profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking financial compensation for their injuries.
A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This is known as the apportionment. The apportionment process does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business which manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatments for their condition and the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning it did not use reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk.
An asbestos lawsuit could be filed by a victim or estate of a person who died from an asbestos-related condition such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional anxiety as well as loss of enjoyment life, and suffering and pain. In addition, the survivor family members of a person who died due to an asbestos-related illness may bring a wrongful death lawsuit.
After an asbestos lawsuit is filed and the parties share information in a process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm the victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
The attorneys at LK's 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 to our clients.
Contact us for a no-obligation consultation If you have any concerns about bringing a lawsuit against asbestos. 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 country. Contact us now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can cover pain and suffering.
Asbestos cases are usually 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 can also prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances the documents prove that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases, but did not disclose this information to their employees or to the public.
A number of states have imposed a time limit, also known as a statute of limitations, on how long asbestos victims can sue. The length of time varies by state, but typically vary between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed victims will lose their right to compensation.
The amount of compensation that victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to cover medical expenses. Asbestos victims may also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts have been depleted but others continue to pay substantial awards. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, including the various ways to calculate damages and if the victim's condition was caused by specific exposures.
In a court trial plaintiffs must demonstrate that they have the right to damages, such as future and past medical expenses and loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. Over anaheim asbestos attorneys have increased significantly, and are far more than the amount given to settlement cases by judges.
A mesothelioma attorney can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including family members, coworkers and abatement workers to compile an inventory of the companies, products and places.
There is a growing concern that the cost of resolving claims from asbestos victims in the past is consuming funds which could be used to pay for future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and they deserve more compensation.
Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a conclusion of no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in courts.