Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung disease and damage by research.
An attorney should be able to recognize asbestos in every case. This can be done through talking to co-workers, getting documents, or by analyzing samples taken from home or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can start a lawsuit or offer an agreement to the defendants.
There are usually several defendants in a case involving asbestos because there are many mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos or who acted as employers could be held responsible for injuries suffered by victims.
Asbestos suits typically fall under the law of product liability, which are based on common and state laws which permit damages to be recouped from sellers of products when those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries occurred due to faulty design or mismanufacture and that the person who was injured was not adequately informed about the dangers associated with products.
In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos risks to boost profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the responsibility between the defendants in a process referred to as the apportionment. The apportionment of liability does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable their job. Victims could also be awarded punitive and compensatory damages.
The lawsuit alleges that the defendant was negligent, meaning 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 dangerous, but failed to warn consumers and workers of this risk.
A victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma are able to file an asbestos lawsuit. A person may bring a lawsuit for personal injury to seek compensation for financial and other damages that include emotional distress and pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of someone who passed away due to an asbestos-related illness may pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, both sides exchange information during a process known as discovery. It can take several months, and may require extensive interviews with co-workers family members, abatement workers, relatives and others to determine potential defendants as well as their asbestos-related products.
Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that a victim or their family selects should have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to get the most compensation possible for clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the country. Contact us by phone or email today to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases tend to settle rather than going to trial, because it is cheaper and easier for defendants to settle the case in this way. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos companies' negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases, but didn't tell their employees or the general public.
Many states have set a time limitation, also known as a statute of limitations, for how long asbestos-related victims can file a lawsuit. The time frames vary from state to state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to receive compensation.
The amount of money victims will receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough money for their medical bills. Asbestos victims can also file claims with trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related diseases.
Certain trusts are depleted, but others continue to pay out substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including differences in how to calculate damages and if the victim's condition was caused by a specific exposure.
In a trial the plaintiffs must prove that they have the right to compensation, such as past and future medical expenses, loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the last 10 years, jury awards for mesothelioma have risen significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the steps to take through the trial process and also explain their rights under the law in a public courtroom. An experienced attorney can assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the responsible parties involved, asbestos cases can be more complicated. This is especially true if an individual has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney is able to speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile a detailed database of the companies as well as their products and locations.
The expense of settling asbestos claims eats up funds that could have been used to fund future cases. In addition, some claimants believe that settlements are not basing on actual injuries and should be compensated more.
In asbestos cases, defendants can argue for dismissal of claims through the process of summary judgment or by a finding of no exposure. However they must be able to provide an in-depth review of the evidence and a professional opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. While richmond asbestos attorneys could take time, a qualified mesothelioma attorney can help accelerate the process and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.