Asbestos Litigation
In the courts across the country, asbestos litigation has been a major problem. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
It is crucial for attorneys to know how to spot asbestos products in every case. This can be done by speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or an offer to settle the case with the defendants in the case.
There are typically multiple defendants in an asbestos case because there are numerous mining companies who produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or as employers could also be held responsible for injuries suffered by victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is founded on state and common laws that allow damages to be awarded against producers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the injured party was not adequately warned about the risks that came with using the products.
Defendants in asbestos cases often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products can lead to different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of attempting to cover up by attempting to suppress claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between them through a process known as the apportionment. The apportionment of liability does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company that manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently and did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to warn workers and consumers about this risk.
An asbestos lawsuit can be filed by a victim or estate of a person who died from an asbestos-related disease such as mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of a person who died from an asbestos-related disease can bring a wrongful death lawsuit.
After an asbestos lawsuit is filed, both sides share information in the process of discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.
It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.
Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.
Asbestos cases usually settle rather than going to trial because it is cheaper and easier for the defendant company to settle the case in this way. Settlements also avoid negative publicity that comes with a verdict at trial. It is important to hire an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically is found in internal memos, corporate documents and testimony of former employees who worked with asbestos-containing materials. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform their workers or the general public.
A number of states have set a limit, known as a statute of limitations, for the length of time asbestos victims can make a claim. The time frames vary from state to state, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.
The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, and other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos victims may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma and other asbestos-related illnesses.
Some of these trusts have been closed, while others continue to award large amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.
In a trial, plaintiffs must show that they have the right to compensation, such as future and past medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In anaheim asbestos attorneys , the defendant must prove that it is responsible for the asbestos-related injury. The process of trial is usually long. In the last decade mesothelioma jury awards cases have increased significantly, and are far more than the amount awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true when a person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.
There is a growing concern the expense of settling claims of asbestos victims from the past can drain funds that could be used to fund future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.
Plaintiffs can challenge dismissal of asbestos claims through summary judgment, or a finding that there was no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it doesn't be added to the long backlog of cases in courts.