Asbestos Litigation
A substantial amount of asbestos litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung diseases and damage by research.
An attorney must be able to identify asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can cover lost wages, medical expenses and other expenses related to mesothelioma. You may choose to make a claim or offer an offer of settlement to the defendants.
There are usually many defendants in a case involving asbestos due to the numerous mining companies that made asbestos and manufacturers of the 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 in the capacity of an employer could be held accountable for the injuries of victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based 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's claimed that the injuries were caused by manufacturing errors or a flawed design, and that the injured party wasn't adequately warned of the dangers associated with using 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 products can cause various illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found liable for a victim's asbestos-related injuries, a judge or jury could decide how to split the responsibility between them through a process known as apportionment. The apportionment will not alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their disease and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about this risk.
The estates or victims of those who have passed away from asbestos-related diseases like mesothelioma may make an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for financial and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has died from an asbestos-related illness can also pursue a wrongful-death lawsuit.
When an asbestos-related case is filed and a settlement is reached, both sides exchange information during a process known as discovery. This can last several months and may include extensive interviews with co-workers family members, abatement workers, relatives and others to determine possible defendants and their asbestos-related products.
It is essential for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation, and be acknowledged by defendants and insurance companies for its experience in these cases.
The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for our clients.
If you have questions about filing an asbestos suit, 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 in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to begin.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is intended to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation may also cover suffering and pain.
Asbestos cases are usually settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that can come from a trial verdict. It is essential to choose mesothelioma attorneys who have experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.
During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.
A number of states have set a limit, known as a statute of limitations, on how long asbestos victims are allowed to bring a lawsuit. The length of time varies between states, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, victims will lose their right to compensation.
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 when negotiating to ensure that patients have enough money to pay their medical expenses. Asbestos victims may also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts are depleted, but some continue to pay substantial awards. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.
In a trial, plaintiffs must show that they have the right to damages, such as future and past medical expenses as well as lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process is often long. In the last decade mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is usually easy to identify the responsible parties. This is especially true when the victim was exposed to more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, or abatement workers to compile a database of employers, products, and the locations.
There is a growing concern the cost of resolving claims of asbestos victims who have been in the past can drain funds which could be used to fund future cases. columbus asbestos attorneys believe that settlements do not reflect the actual damage and that they are entitled to more compensation.
The defendants in asbestos cases may contest claims to dismiss them by summary judgment or a determination of no exposure. These motions, however, require a thorough examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming part of the backlog in the courts.