Asbestos Litigation
In courts all over the country asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung diseases and damage through research.
It is crucial that attorneys know how to identify asbestos-related materials in every case. This can be done through discussing with colleagues, obtaining reports, or looking at samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You may choose to start a lawsuit or offer an agreement to the defendants.
There are usually several defendants in an asbestos case because there are many mining companies who produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or acted as employers could be held liable for injuries sustained by victims.
Asbestos lawsuits typically fall into the legal category of product liability law, which is founded on state and common laws that permit damages to be sought against the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the person injured was not adequately warned about the dangers associated with using the products.
Defendants in asbestos cases often claim that they didn't act negligently and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to different diseases. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and attempting to stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide how to split the responsibility between the defendants in a process referred to as the apportionment. The apportionment of liability does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the expense of medical treatment for their disease and the loss of wages due to inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn workers and consumers of this risk.
An asbestos lawsuit can be filed by a victim or estate of a person who passed away from an asbestos-related disease such as mesothelioma. A person may start a personal injury suit to seek compensation for economic and non-economic damages, including emotional stress, loss of enjoyment of life as well as suffering and pain. Family members who have survived those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
When an asbestos-related case is filed, both sides communicate information through the process known as discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.
Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm that the victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.
Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for our clients.
If you have any questions about filing an asbestos lawsuit, contact us for a free consultation. 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 nationwide. Contact us via email or phone today to get started.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases are often settled rather than going to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.
During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have worked with asbestos-containing products. In many instances, these documents show that asbestos producers knew about the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their employees or the general public.
Many states set time limitations also known as statutes or limitations, on how long an asbestos victim has to start a lawsuit. davie asbestos lawyer vary between states, but are typically between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, the victim will lose their right to compensation.
The amount of money victims can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.
Some trusts are exhausted, but others continue to pay out substantial awards. In 2018, for instance the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.
In a court trial, plaintiffs must show that they have the right to damages, including past and future medical expenses as well as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is often long. In the last decade mesothelioma juries' awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complex than car accident litigation, where it is typically easy to identify responsible parties. This is particularly true when an individual has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and abatement workers, to compile an inventory of companies, products and the locations.
The expense of settling asbestos claims drains funds that could be used to pay future cases. In addition, some claimants think that settlements aren't based on actual injuries and they deserve more compensation.
Plaintiffs in asbestos cases can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an in-depth examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming a burden in the courts.