Asbestos Litigation
In the courts across the nation asbestos litigation is a huge issue. Research has proven that asbestos exposure can cause lung damage and illness.
It is important for an attorney to understand how to identify asbestos-related materials in every case. This can be done by talking with co-workers in the office, collecting records, and taking samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.
In asbestos cases, there will be multiple defendants because there are many mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or
asbestos case have control of asbestos-contaminated properties. Businesses that provided services to
asbestos lawyer-using mines, manufacturers or who acted as employers may also be accountable for injuries suffered by victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is founded on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injury to. In a product liability suit it is claimed that the injuries resulted from faulty design or mismanufacture and that the person who was injured was not adequately informed about the dangers of the products.
Defendants in
asbestos cases often argue that they didn't act in a negligent manner and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.
If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide how to split the blame between the defendants in a process referred to as apportionment. The apportionment process does not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a company that manufactured or sold asbestos-related products can aid victims in recovering compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable their job. Victims may also receive compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence which means that it 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 a danger and did not inform consumers and workers of this risk.
An asbestos lawsuit could be filed by a victim or estate of a person who died from an asbestos-related illness such as mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment of the life. Family members of someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit.
After an
asbestos case has been filed, the two sides exchange information through the process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers,
Asbestos Case and others to identify potential defendants.
It is important that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for our clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated 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 throughout the country. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the suffering and pain.
Asbestos cases are often settled rather than going to trial, as it is more cost-effective and easier for defendant companies to settle the case this way. Settlements also avoid negative publicity that could be associated when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate the information to their employees or to the public.
A number of states have time limits, called statutes of limitations which determine how long an asbestos victim has to bring a lawsuit. These deadlines 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 can be filed, victims lose their right to be compensated.
The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive, how severe their condition is, as well as other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.
Certain trusts have dwindled, however others continue to pay substantial payouts. For example, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.
In a trial the plaintiffs have to prove that they have the right to compensation, such as future and past medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium.