Asbestos Litigation
In the courts across the country, asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung diseases and damage through research.
An attorney should be able to identify asbestos in each case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from home or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a disease related to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or make an offer of settlement from the defendants in the case.
In asbestos cases, there are usually multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that made use of asbestos or who acted as employers could be held accountable for the victims' injuries.
Asbestos suits typically fall under the law of product liability that are based on the common law and state laws which permit damages to be recovered from the sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a flawed design, and that the victim was not adequately warned about the risks associated with using the products.
In asbestos cases, defendants typically claim that they weren't 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 items are linked to a variety of diseases. Moreover, companies that hid asbestos's dangers to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to block workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the blame between them in a process called allocation. The apportionment process does not affect the total amount of money that the 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 could help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. hayward asbestos attorneys could also be awarded compensation and punitive damages.
The lawsuit asserts that the defendant acted with negligence in that it failed to take reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.
An asbestos-related lawsuit can be filed by a victim or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person can make a claim for personal injury to seek compensation for economic and other damages like emotional distress as well as pain and suffering and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related condition can file a wrongful deaths lawsuit.
Once an asbestos case has been filed, both sides share information in the process of discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.
It is important for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their family selects should be aware of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.
LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to get started.
Settlements
When asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases are often settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to select mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes from internal memos, corporate documents, and testimony of former employees who have 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 time limit, also known as a statute of limitations, on how long asbestos victims are allowed to file a lawsuit. The length of time varies by state, but usually range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to compensation.
The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients have enough money to pay their medical bills. Asbestos victims might also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts have been depleted but others continue to pay out large awards. For example, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, such as differences in the method of calculating damages and whether the victim's condition was caused by specific exposures.
In a court trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses such as loss of wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process is often lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is especially true if a person has been exposed to asbestos in more than one location and at different dates. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of products, employers, and the locations.
There is growing concern that the expense of settling claims from asbestos victims in the past is draining funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries, and they should be compensated more.
Plaintiffs can challenge dismissal of asbestos claims using summary judgment or a finding that there was 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 enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a backlog in the courts.