Asbestos Litigation
In the courts across the nation, asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung damage and lung disease by research.
It is essential for attorneys to know how to identify asbestos products in every case. This can be done by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can start a lawsuit or offer a settlement to the defendants.
In asbestos cases, there are generally several defendants since there are numerous mining companies that manufacture asbestos and manufacturers of products containing 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 be held accountable for the injuries sustained by victims.
Asbestos lawsuits are often categorized under laws governing product liability, which are based on the common law and state laws that allow for damages to be recovered from sellers of products when they cause injuries. In a product liability suit it is claimed that injuries were caused by faulty design or mismanufacture and that the person who was injured was not adequately warned of the dangers of the products.
In asbestos cases, defendants typically claim that they did not behave in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products is linked to various diseases. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of covering up the issue in attempting to block claims and trying to stop workers from seeking compensation for their injuries.
A jury or judge can decide how to allocate responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment doesn't affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business which manufactured or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their condition, as well as lost wages due to being unable to work. Victims could also be awarded compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the dangers.
The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to file an asbestos lawsuit. A person may bring a lawsuit for personal injury to claim compensation for damages arising from economic or other causes that include emotional distress and pain and suffering and loss of enjoyment the life. Family members of someone who has passed away due to an asbestos-related illness can also pursue a wrongful-death lawsuit.
When an asbestos-related case is filed the parties exchange information in the process of discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
Due to the complicated nature of asbestos litigation it is crucial 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 unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation for our clients.
Contact us for a complimentary consultation if you have any questions about filing a lawsuit against asbestos. We are committed 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. Call or email us today to get started.
Settlements
When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases are often settled rather than go to trial, as it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements also prevent negative publicity that can come from a trial verdict. It is essential to choose mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers can then collect evidence and use it in the preparation of an effective mesothelioma suit.
In the course of pre-trial discovery and depositions mesothelioma lawyers will 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 substances. In many cases these documents, it is clear that asbestos manufacturers 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 have set a time limit, also known as a statute of limitations, to determine how long asbestos-related victims can file a lawsuit. The length of time varies by state, but usually range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed the victims will lose their right to compensation.
The amount of compensation a victim receive is contingent upon 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 receive enough funds to cover medical expenses. Asbestos victims might also be able to file claims through trust funds established for those diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts are empty, while some continue to pay large amounts of money. For instance, in the year 2018 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 attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that are not resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition resulted from specific exposures.
In a court of law, plaintiffs be required to prove that they are entitled to damages, including past and future medical costs and lost wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. alabama asbestos attorneys can be lengthy. Over the past 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma attorney can help patients understand how to proceed through the trial process and can explain their rights under the law in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and abatement workers, to compile a database of companies, products and places.
There is a growing concern the cost of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect the actual damage and that they deserve more compensation.
Plaintiffs in asbestos cases can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions need a thorough examination of the evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma attorney can help accelerate the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.