Asbestos Litigation
In courts all over the country asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage as well as disease.
An attorney must be able identify asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
You could be eligible for compensation when you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can either make a claim or offer a settlement to the defendants.
There are usually several defendants in a case involving asbestos because there are a variety of mining companies that produced asbestos law as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries to victims.
Asbestos suits typically fall under product liability laws which are based on state and common laws which permit damages to be recouped from sellers of products when those products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a defective design, and the person who suffered injury wasn’t adequately warned of the risks that came with using the products.
In asbestos cases, defendants often argue that they did not behave in a negligent manner and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to various illnesses. Additionally, companies that concealed asbestos’s risks to increase profits have been accused of attempting to cover up by attempting to suppress claims and by trying to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found liable for the victim’s asbestos-related injuries the judge or jury may determine how to divide the responsibility among them through a process known as the apportionment. The apportionment does not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit filed against a company that manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.
An asbestos-related lawsuit can be filed by a victim or estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes including emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the survivor family members of someone who passed away due to an asbestos-related illness may file a wrongful death lawsuit.
Once an asbestos case has been filed the parties exchange information during the process of discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.
It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by insurance companies and defendants for its experience in these cases.
LK’s attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation to our clients.
If you have 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 throughout the United States. Contact us now to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous 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 cases often settle rather than going to trial, because it is easier and cheaper for defendant companies to resolve the matter this way. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to find mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are complex, and attorneys must conduct extensive research on their client’s medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos attorney-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may find evidence of asbestos-related companies’ negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses however, they didn’t tell their employees or the general public.
Many states set time limitations also known as statutes or limitations that define how long asbestos victims have to start a lawsuit. The length of time varies between states, but are typically between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to a fair settlement.
The amount of money that patients can receive is contingent on their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough money to pay for 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 other asbestos-related illnesses.
Certain trusts have been closed, but others continue to award substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the victim’s condition was caused by exposures specific to the victim.
In a court of law, plaintiffs need to prove they are entitled damages, including past and future medical expenses as well as lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. Over the past 10 years, jury awards in mesothelioma cases have risen significantly and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights before a judge in a public courtroom. A qualified attorney can also help to identify potential defendants. As opposed to the litigation in car accidents where it is typically easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true if an individual was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of companies, products, and locations.
There is a growing concern the expense of settling claims of asbestos victims from the past is draining funds that could be used to fund future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and an expert’s opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the case and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.
