Asbestos Litigation
In courts all over the nation, asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung diseases and damage through research.
It is vital for an attorney to know how to identify asbestos products in every case. This can be accomplished by talking with co-workers in the office, collecting records, and taking samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can make a claim or offer an offer of settlement to the defendants.
In asbestos cases, there will be multiple defendants due to the fact that there are many mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or as employers could also be liable for the injuries of victims.
Asbestos lawsuits are often categorized under laws governing product liability, which are based on state and common laws that permit damages to be recouped from the sellers of products if the products cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the victim was not properly warned of the risks associated with using the products.
Defendants in asbestos cases often argue that they did not act negligently and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by trying to thwart claims and attempting to stop workers from seeking financial compensation for their injuries.
A jury or judge can decide how to divide the responsibility among defendants when more than one defendant has been blamed for an asbestos lawyer-related injury. This process is referred to as the apportionment. The apportionment of liability will not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their disease and lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of this risk.
A person who is a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional anxiety and suffering, loss of enjoyment life as well as suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related condition can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, both sides exchange information during a process called discovery. This process can last for a long time and may include lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is crucial for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.
The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining maximum compensation for our clients.
If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via phone or email today to begin.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also help with pain and suffering.
Asbestos cases tend to settle rather than going 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 is associated with a verdict at trial. It is crucial to select a mesothelioma lawyer who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must do extensive research on their clients’ medical records and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes from internal memos, corporate documents, and statements of former employees who worked with asbestos-containing material. These documents usually show that asbestos Attorney producers were aware of the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public.
Many states set time limits also known as statutes or limitations, on how long an asbestos victim must make a claim. These time periods vary by state, but usually vary between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to compensation.
The amount victims can receive depends on their asbestos-disease diagnosis, how severe their condition is and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Certain trusts have been closed, but others continue to pay substantial awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether the condition of a victim is caused by an exposure.
In a court of law, plaintiffs need to prove they are entitled to damages, including future and past medical expenses and lost wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is especially true if a person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers, to create a database of products, employers and locations.
There is growing concern that the expense of settling claims of asbestos victims who have been in the past can drain funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect actual injuries and they deserve more compensation.
Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. These motions require an in-depth examination of the evidence and an expert’s assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can assist to accelerate the case and ensure that it does not be added to the long queue of cases that are awaiting the courts.
