Asbestos Litigation
In courts all over the country, asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung damage and lung disease through research.
An attorney must be able to recognize asbestos in each case. This can be accomplished through conversations with coworkers or obtaining records, as well as taking samples from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can pay for lost wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there are typically several defendants since there are many mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for the victims' injuries.
Asbestos suits typically fall under the law of product liability that are based upon state and common laws that permit damages to be recouped from the sellers of products if the products cause injury. In a product liability suit, it is alleged the injuries were caused due to defective design or manufacturing and that the victim was not adequately warned about the dangers associated with products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a wide range of ailments. Companies that concealed asbestos risks to boost profits were accused of cover-up as they sought to deny claims and block workers from claiming an amount of compensation for their injuries.
A jury or judge may decide how to distribute the responsibility among defendants when more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as the apportionment. The apportionment does not alter the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the dangers.
An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related illness such as mesothelioma. An individual can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life, and pain and suffering. Family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.
When an asbestos lawsuit is filed, the two sides exchange information in a process called discovery. This process can last for a long time and could require lengthy interviews with coworkers and relatives, abatement workers, and others to identify possible defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family selects should be aware of the particular complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.
The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for our clients.
Contact us for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us via email or phone today to start your journey.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated with a verdict at trial. It is crucial to select an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history, medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. rhode island asbestos lawyer can then collect evidence and use it in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually is found in internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing material. In many cases, these documents show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, but did not divulge this information to their workers or to the general public.
Many states set time limitations which are known as statutes of limitation which determine how long an asbestos victim must bring a lawsuit. The time frames vary from state to state, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed, victims will lose the right to receive compensation.
The amount of money that victims receive will depend on the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds set up for those diagnosed with mesothelioma, asbestos-related illnesses.
Some trusts are empty, while some continue to pay huge amounts of money. In 2018, a federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that aren't resolved through settlement negotiations, such as differences in the method of calculating damages and if the victim's condition was caused by specific exposures.
In a court of law, plaintiffs have to prove that they are entitled to damages, including future and past medical costs and lost wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically lengthy. Over the past 10 years mesothelioma jury awards cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial and explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is usually easy to identify the parties responsible. This is particularly true when a person was exposed to more than one type of asbestos and in various locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create a comprehensive database of employers, products and locations.
There is a growing concern the expense of settling claims from asbestos victims in the past can drain funds which could be used to pay for future cases. Many claimants also believe that settlements do not reflect the actual damage and that they are entitled to more compensation.
In asbestos cases, defendants can fight to have claims dismissed through summary judgment or a determination of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff took were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a backlog in the courts.