Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure has been proved to cause lung disease and damage through research.
It is crucial for attorneys to know how to spot asbestos products in each case. This can be done by chatting with colleagues collecting records, or analysing samples taken from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or a settlement offer from the defendants in the case.
There are usually multiple defendants in asbestos cases because there are many mining companies that produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries suffered by victims.
Asbestos suits are typically governed by products liability laws that are based upon the laws of the state and common law which permit damages to be recovered from the seller of a product when they cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a design defect and that the person injured was not properly warned of the dangers that could result from using the products.
In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products have been linked to a variety of diseases. Additionally, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury may determine how to divide the burden of responsibility among them in a process called the apportionment. The apportionment process does not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a company that made or sold asbestos can help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for punitive and compensatory damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed warn workers and consumers about this risk.
The estates or victims of people who have died from asbestos-related diseases such as mesothelioma could make an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional anxiety, loss of enjoyment of life and pain and suffering. Additionally, the surviving family members of a deceased person from an asbestos-related disease may pursue a wrongful-death lawsuit.
When an asbestos-related case is filed and the parties exchange information during a process known as discovery. This may take a few months and may involve extensive interviews with co-workers family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products.
It is crucial that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm the victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to obtain maximum compensation for our clients.
Contact us for a free consultation for any questions about filing a lawsuit against asbestos. We are dedicated 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 all over the nation. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. The money is meant to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also help with the cost of suffering and pain.
Asbestos cases tend to settle rather than going to trial, as it is less expensive and easier for defendant companies to settle the matter this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is important to hire mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it to construct a solid mesothelioma lawsuit.
During baldwin park asbestos lawyer -trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing material. In many cases these documents, it is clear that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related illnesses but didn't disclose this information to their employees or to the public.
Many states have set a time limit, known as a statute of limitations, for how long asbestos victims are allowed to file a lawsuit. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their right to compensation.
The amount of compensation a victim receive is contingent upon the severity of their illness and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough money to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created for those diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts have been depleted but others continue to pay out large prizes. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and whether a victim's condition is caused by a specific exposure.
In a court of law, plaintiffs will be required to prove that they are entitled to damages, including past and future medical costs as well as lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal right in an open courtroom. A lawyer with experience can also help to identify potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is typically simple to identify the responsible parties. This is especially the case when someone was exposed more than one kind of asbestos and in multiple places. An experienced mesothelioma attorney can interview witnesses like coworkers or relatives, abatement workers and suppliers to create an exhaustive list of companies products, locations and other information.
There is a growing concern the expense of settling claims of asbestos victims who have been in the past is consuming funds which could be used to fund future cases. In addition, some claimants think that settlements aren't just based on injuries that actually occurred and therefore deserve more compensation.
In asbestos cases, defendants can seek to dismiss claims by summary judgment or a determination of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff received were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.