Asbestos Litigation
A large portion of asbestos-related litigation has been handled in courts across the nation. Research has proved that exposure to asbestos can cause lung damage as well as disease.
It is important for attorneys to know how to spot asbestos legal products in every case. This can be accomplished through conversations with coworkers collecting records, or analysing samples taken from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you know is diagnosed with a condition related to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.
There are typically many defendants in an asbestos case because there are a variety of mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted in the capacity of an employer could be held accountable for the injuries sustained by victims.
Asbestos suits typically fall under product liability laws, which are based on common and state laws that allow for damages to be recovered from sellers of goods when they cause injury. In a product liability lawsuit it is claimed that the injuries were caused due to the design defect or manufacturing error and that the victim was not adequately informed about the risks associated with the products.
In asbestos cases, defendants often claim that they didn’t act recklessly and that their products are safe, despite the fact that doctors have long recognized Asbestos claim-containing products is linked to various illnesses. Furthermore, companies that concealed asbestos’s dangers in order to boost profits have been accused of engaging in a cover-up by trying to thwart claims and also to prevent workers from seeking compensation for their injuries.
A jury or judge can decide how to allocate the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is known as apportionment. The apportionment doesn’t alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims can also be awarded punitive and compensatory damages.
The lawsuit alleges the defendant was negligent, meaning that it didn’t take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be hazardous and failed to in educating consumers and workers about the dangers.
An asbestos lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional anxiety, loss of enjoyment of life and pain and suffering. The surviving family members of someone who has died from an asbestos-related illness may also make a claim for wrongful death.
When an asbestos-related case is filed the parties exchange information in a process called discovery. It can take several months, and may require extensive interviews with colleagues and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim, or their family, chooses should understand asbestos claim the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.
The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to secure maximum compensation for our clients.
If you have any questions about filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via email or phone today to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. This money is meant to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can also help with suffering and pain.
Asbestos cases often settle rather than going to trial because it is less expensive and easier for defendant companies to settle the matter in this manner. Settlements also help avoid negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their clients’ medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the illness. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related ailments, but did not divulge this information to their workers or the public.
Many states set time limits which are known as statutes of limitation which determine how long asbestos victims have to bring a lawsuit. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to compensation.
The amount of compensation victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients have enough funds to pay their medical expenses. Asbestos victims may also file claims using trust funds that were established in order to compensate those who’ve been diagnosed with mesothelioma, or other asbestos-related illnesses.
Certain trusts have dwindled, however others continue to pay out large awards. For example, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim’s condition is caused by a specific exposure.
In a court of law, plaintiffs will need to prove they have a right to damages, including past and future medical costs and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process is often long. In the past decade mesothelioma jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is usually easy to identify responsible parties. This is especially true if the person has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to create a comprehensive database of the companies, products and locations.
The cost of resolving asbestos claims eats away funds that could be used to pay for future cases. Some claimants also believe that settlements do not accurately reflect their actual injuries and therefore they deserve more compensation.
Plaintiffs in asbestos cases can fight to have claims dismissed by the process of summary judgment or by a finding of no exposure. These motions need a thorough examination of the evidence as well as an expert’s opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a backlog in the courts.