Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung damage and lung disease through research.
An attorney must be able to identify asbestos in every case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can be used to pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim for compensation or make an offer of settlement from the defendants in the case.
In asbestos cases, there are usually multiple defendants due to the fact that there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held liable for injuries to victims.
Asbestos suits are typically governed by laws governing product liability, which are based on the common law and state laws that allow for damages to be recovered from the seller of a product when those products cause injuries. In a product liability suit where the injuries resulted from defective design or manufacturing and that the victim was not adequately warned about the dangers of the products.
In asbestos cases, defendants typically claim that they did not act in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to various diseases. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up in attempting to block claims and by trying to stop workers from seeking the financial compensation they deserve for their injuries.
A jury or judge may decide how to allocate the blame between defendants in cases where more than one defendant is found responsible for an asbestos-related injury. This process is called apportionment. The apportionment process does not alter the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to inform consumers and workers of the danger.
A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma could start an asbestos lawsuit. A person may file a lawsuit for personal injury in order to obtain compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of a deceased person due to an asbestos-related illness may file a wrongful death lawsuit.
When an asbestos lawsuit is initiated, the parties exchange information through a process called discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
Due to the complex 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 be aware of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.
The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to secure maximum compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. lancaster asbestos attorneys represent clients from all over the country. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover the suffering and pain.
Asbestos cases often settle instead of going to trial, because it is less expensive and easier for the defendant company to settle the matter in this manner. Settlements also reduce the negative publicity that can come from a trial verdict. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest 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 gather evidence and use it to build a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases documents, they show that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases, but did not disclose this information to their employees or to the public.
There are many states that set time limits which are known as statutes of limitation on the time an asbestos victim can bring a lawsuit. These time periods vary from state-to-state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to a fair settlement.
The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts have dwindled, however others continue to pay out large payouts. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and if the victim's condition was caused by a specific exposure.
In a trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. In the past decade mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can assist victims understand how to proceed through the trial process and explain their legal rights in a courtroom with an open door. A qualified attorney can also help to identify potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to compile an exhaustive database of employers, products and locations.
There is growing concern that the cost of resolving claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. Some claimants believe that settlements do not reflect actual injuries, and they are entitled to more compensation.
The defendants can seek to dismiss asbestos claims through summary judgment, or a finding that there was not an exposure. However these motions require an exhaustive review of the evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma attorney can help speed up the process and avoid the case from becoming part of the backlog in the courts.