Asbestos Litigation
In the courts across the nation asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung disease and damage by research.
An attorney should be able to recognize asbestos in each case. This can be done through conversations with coworkers or obtaining records, as well as analysing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can either file a lawsuit or offer a settlement to the defendants.
In asbestos cases, there are typically several defendants since there are a variety of mining companies that produce asbestos and also manufacture products that contain
asbestos settlement. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers who used asbestos, or who acted as employers could be held liable for injuries sustained by victims.
Asbestos suits often fall under product liability laws, which are based on the common law and state laws that permit damages to be recovered from the seller of a product when those products cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the injured party was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants typically assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products can lead to a myriad of illnesses. Moreover, companies that hid the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and attempting to stop workers from seeking compensation for their injuries.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the responsibility between them in a process known as apportionment. The apportionment process does not alter the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit against a company that produced or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment for their disease and lost wages because of being unable to work. Victims may also receive compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently and did not take reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk.
An asbestos lawsuit can be filed by a victim, or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person can file a lawsuit for personal injury to claim compensation for other and economic damages, such as emotional distress and pain and suffering and loss of enjoyment the life. Family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.
After an asbestos case is filed and a settlement is reached, both sides exchange information in a process called discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.
It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of
asbestos Claim litigation. The law firm that a plaintiff or their family selects should be aware of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.
Contact us for a complimentary consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that is associated with a verdict at trial. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses however they didn't inform their employees or the general public.
Many states have set a limit, referred to a statute of limitations, for how long asbestos victims are allowed to sue. The time frames vary from state to state but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.
The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with and how severe their condition is and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure patients have enough money to pay their medical bills. Asbestos victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts have dwindled, however others continue to pay out large prizes. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.
Trials
Trials are the better option for
asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.
In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses as well as lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial can be long.