Asbestos Litigation
In courts all over the country asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage and disease.
An attorney should be able to recognize asbestos in every case. This can be accomplished through conversations with coworkers in the office, collecting records, and analyzing samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation can help with lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related illness. You can either make a claim or offer an agreement to the defendants.
There are typically many defendants in asbestos cases due to the numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries to victims.
Asbestos lawsuits typically fall into the legal category of law governing product liability, which is built on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. In a suit for product liability, it is alleged the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately warned about the dangers associated with the products.
The defendants in asbestos cases typically claim that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to various diseases. Companies that concealed asbestos risks to make profits were accused of cover-up, and they attempted to block claims and keep workers from claiming the financial compensation they deserve for their injuries.
A judge or jury can 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 process is referred to as apportionment. The apportionment process does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business that made or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of the danger.
A victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could file an asbestos lawsuit. A person can bring a lawsuit for personal injury to seek compensation for economic and other damages including emotional distress, pain and suffering, and loss of enjoyment the life. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed the parties share information in the process of discovery. This may take a few months and may involve lengthy interviews with coworkers 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 handling their case because of the complexity of asbestos litigation. The law firm the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation to our clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed 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 now to begin.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their client's medical records, work history, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it to build a strong mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their workers or the general public.
Many states set time limits which are known as statutes of limitation on the time an asbestos victim can file a lawsuit. The time frames vary between states, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.
The amount of compensation a victim will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to pay for their medical bills. Asbestos sufferers can also file claims with trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.
Some of these trusts have been exhausted, but others continue to pay out huge amounts of money. In 2018 the United States court gave $70 million to the relatives of an U.S. st joseph asbestos attorneys diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the patient's condition was caused by a specific exposure.
In a court trial the plaintiffs must prove that they have the right to compensation, such as future and past medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is often long. In the last decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand the steps to take through the trial procedure and will explain their rights under the law in a courtroom with an open door. A qualified attorney can also help to identify potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is often easy to identify responsible parties. This is especially true when a person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers, to create a database of companies, products, and locations.
The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Furthermore, some claimants believe that settlements should be basing on actual injuries and deserve more in compensation.
In asbestos cases, defendants can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. However the motions must be based on a thorough review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff took were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming a backlog in the courts.