Asbestos Litigation
In the courts across the nation, asbestos litigation has been a major issue. Studies have proven that asbestos exposure can cause lung damage and cause disease.
It is important for an attorney to know how to recognize asbestos-related products in every case. This can be done through conversations with coworkers in the office, collecting records, and taking samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation can assist with the loss of wages, medical expenses and other costs associated with mesothelioma, or any other asbestos-related illness. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants.
In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries to victims.
Asbestos suits are typically governed by the law of product liability, which are based on state and common laws that permit damages to be recovered from sellers of products when the products cause injury. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a design defect and that the victim was not adequately warned about the risks associated with using the products.
In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products are linked to a myriad of illnesses. Companies that concealed asbestos dangers to increase profits were accused of a cover-up. They tried to suppress claims and prevent workers from claiming an amount of compensation for their injuries.
A judge or jury can decide how to allocate responsibility between defendants if 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 affect the amount of compensation that plaintiffs can receive from the defendants.
Damages
A lawsuit brought against a company who manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment for their disease, as well as lost earnings due to the inability to work. greeley asbestos lawsuit could also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable care to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.
An asbestos lawsuit may be filed by a victim or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes that include emotional distress as well as pain and suffering and loss of enjoyment the life. Family members of someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit.
After an asbestos case is filed, both sides communicate information through the process known as discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.
Due to the complexity of asbestos litigation, it is essential that plaintiffs get an experienced lawyer to handle their case. The law firm that a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.
LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known as a firm that can secure maximum compensation for our clients.
Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the country. Contact us via email or phone today to start your journey.
Settlements
When victims win their asbestos lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases are often settled rather than go to trial, because it is more cost-effective and easier for defendant companies to settle the case in this way. Settlements can also avoid the negative publicity that is associated with a verdict at trial. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are complex, and attorneys must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related ailments, but did not divulge this information to their employees or to the general public.
A number of states have set a time limitation, also known as a statute of limitations, to determine how long asbestos victims can sue. These time periods vary by state, but generally vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their right to be compensated.
The amount of compensation victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related diseases.
Certain trusts have been closed, but 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 was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition resulted from specific exposures.
In a court of law, plaintiffs will need to prove they are entitled to damages, including past and future medical costs as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the last decade mesothelioma jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is often easy to identify the parties responsible. This is especially true if someone has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer can interview witnesses, including family members, coworkers and abatement workers, to compile an inventory of products, employers, and locations.
There is a growing concern that the expense of settling claims from past asbestos victims has a negative impact on funds that could be used to fund future cases. Additionally, some claimants believe that settlements aren't founded on actual injuries and deserve more in compensation.
Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma attorney can help speed up the process and ensure that it does not become part of the aforementioned long backlog of cases in courts.