Asbestos Litigation
In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung diseases and damage through research.
An attorney should be able recognize asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation if you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs associated with mesothelioma. You can choose to file a lawsuit or offer a settlement to the defendants.
In asbestos cases, there will be multiple defendants as there are numerous mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. compton asbestos attorneys that provided services to asbestos-using mines or manufacturers or who acted as employers could also be held responsible for the injuries of victims.
Asbestos suits typically fall under product liability laws that are based upon the laws of the state and common law which allow damages to be recouped from the sellers of products if the products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the injured party wasn't adequately warned of the risks associated with using the products.
In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos-related risks to make profits were accused of a cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained.
A jury or judge can decide how to divide the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is known as allocation. The apportionment will not affect the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment for their disease, as well as lost earnings due to the inability to work. Victims can also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to 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 like mesothelioma. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional suffering 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 pursue a wrongful-death lawsuit.
After an asbestos case is filed the parties exchange information during the process of discovery. This process can last for a long time and may include extensive interviews with co-workers and relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.
It is important that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family chooses be aware of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its experience in these cases.
LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for clients.
If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to begin.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can cover the suffering and pain.
Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated with a verdict at trial. It is important to hire mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related ailments, but did not disclose this information to their employees or the general public.
Many states set time limitations also known as statutes or limitations on the time asbestos victims have to bring a lawsuit. The length of time varies 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, the victims lose their rights to a fair settlement.
The amount victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is, as well as other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos-related victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts are depleted, but others continue to award significant awards. For example, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by an exposure.
In a trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses and loss of earnings, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation which is usually easy to identify the parties, asbestos cases are more complicated. This is especially the case when an individual was exposed to more than one type of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to compile an inventory of employers, products and locations.
The expense of settling asbestos claims eats up funds which could be used to pay future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to more compensation.
The defendants in asbestos cases may fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. These motions need a thorough examination of the evidence as well as an expert's assessment that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and avoid the case from becoming a backlog in the courts.