Asbestos Litigation
A large amount of asbestos litigation has been handled in courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease by research.
It is essential for attorneys to know how to identify asbestos-related materials in each case. This can be done by chatting with colleagues or obtaining records, as well as taking samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation can cover lost wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You can choose to bring a lawsuit, or offer an offer of settlement to the defendants.
In asbestos cases, there are generally multiple defendants as there are a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for the injuries of victims.
Asbestos lawsuits are often categorized under product liability laws that are based on common and state laws which allow damages to be recouped from the sellers of products if the products cause injury. Specifically, in a product liability lawsuit, it’s claimed that the injuries were caused due to a flawed or a flawed design, and that the person injured wasn’t adequately warned of the risks that came with using the products.
In asbestos cases, defendants often argue that they did not act recklessly and that their products were safe, even though doctors have long recognized the use of asbestos-containing items is linked to different diseases. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to block claims and keep workers from seeking financial compensation for their injuries.
A judge or jury can decide how to allocate the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment of liability will not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the costs of medical treatment for their disease and lost earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence which means that it did not take reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim or the estate of a person who passed away from an asbestos-related illness such as mesothelioma. A person may bring a lawsuit for personal injury to claim compensation for economic and other damages like emotional distress and pain and suffering and loss of enjoyment the life of. Additionally, the surviving family members of a person who died due to an asbestos-related illness may bring a wrongful death lawsuit.
Once an asbestos case has been filed and the parties exchange information in the process of discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.
It is important for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.
The lawyers at LK are asbestos legal litigation experts with decades 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 questions about filing an asbestos lawsuit, call us for a free 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. We represent clients from all over the country. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation may also cover suffering and pain.
Asbestos cases are usually settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that comes when a verdict is handed down. It is essential to choose mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.
Mesothelioma cases are complicated, and attorneys must do extensive research on their clients’ medical records as well as their work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence and asbestos lawsuit use it in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. 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 often show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn’t tell their workers or the general public.
Many states set time limits which are known as statutes of limitation on the time an asbestos victim has to file a lawsuit. These deadlines vary from state-to-state, however, they are usually between one and two years. If the statute of limitation expires before a case for mesothelioma is filed, victims will lose the right to receive compensation.
The amount of compensation that victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have dwindled, however others continue to pay substantial prizes. For instance, in the year 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
Asbestos victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren’t resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim’s condition is due to a specific exposure.
In a court trial, plaintiffs must show that they are entitled to damages, such as future and past medical expenses, lost wages, property damages and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos compensation-related injuries. The trial process is typically lengthy. In the past decade mesothelioma juries’ awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help patients understand how to proceed in the trial process and also explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the parties involved, asbestos cases can be more complex. This is especially true when an individual has been exposed to asbestos in multiple locations and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, asbestos lawsuit and abatement workers, to compile an inventory of employers, products and locations.
The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Some claimants also believe that settlements don’t accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an extensive review of evidence and an expert’s opinion that the doses measured of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer can assist to speed up the process and ensure that it doesn’t become part of the aforementioned long backlog of cases in courts.