Asbestos Litigation
A large amount of asbestos cases have been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage as well as disease.
An attorney must be able identify asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as studying samples from home or work sites.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical costs, and
Asbestos case other costs associated with mesothelioma, or any other
asbestos legal-related illness. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.
There are typically many defendants in an asbestos case due to the numerous mining companies that made 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 provided services to mines or manufacturers that made use of asbestos or who were employers could be held liable for injuries to victims.
Asbestos suits typically fall under the law of product liability which are based on the laws of the state and common law that allow for damages to be recovered from the sellers of products if they cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the dangers that could result from using the products.
In asbestos cases, defendants typically claim that they did not do anything in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products is linked to various illnesses. Moreover, companies that hid asbestos's risks to increase profits have been accused of concealing the truth by trying to thwart claims and also to stop workers from seeking compensation for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide on how to divide the blame between them in a process called the apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also receive punitive and compensatory damages.
The lawsuit asserts that the defendant acted negligently and did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk.
An asbestos-related lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related condition such as mesothelioma. A person may make a personal injury claim to claim compensation for economic and non-economic damages, including emotional distress and loss of enjoyment of life and suffering and pain. The surviving family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.
Once an
asbestos case has been filed, both sides exchange information during a process called discovery. This may take a few months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others in order to identify possible defendants and their asbestos-related products.
Due to the complex nature of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handling their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.
The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to secure the highest amount of compensation for our clients.
Contact us for a free consultation should you have any questions about bringing a lawsuit against 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 throughout the country. Contact us by phone or email today to begin.
Settlements
If asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases usually settle rather than going to trial because it is cheaper and easier for the defendant company to settle the case in this way. Settlements can also help avoid the negative publicity that is associated with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence to use in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public.
Many states have imposed a time limit, referred to a statute of limitations, on how long asbestos victims are allowed to file a lawsuit. These deadlines vary from state to state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to receive compensation.
The amount victims can receive depends on the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients have enough money to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were set up to compensate people who have been diagnosed with mesothelioma and
asbestos case other asbestos-related ailments.
Certain trusts have been wiped out, but others continue paying out substantial prizes. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the possibility that a patient's condition was caused by a particular exposure.