Asbestos Litigation
A significant amount of asbestos litigation has been dealt with in courts across the nation. Asbestos exposure has been shown to cause lung disease and damage by research.
It is vital for an attorney to know how to spot asbestos products in every case. This can be done through talking to co-workers, getting documents, or by analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.
There are usually several defendants in an asbestos case because there are a variety of mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted as employers may also be accountable for the injuries of victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not properly warned of the risks associated with using the products.
Defendants in asbestos cases often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can cause various diseases. In addition, companies who concealed asbestos's risks to boost profits have been accused of covering up the issue by trying to thwart claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the responsibility among them in a process called the apportionment. The apportionment of liability does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company that made or sold asbestos could assist victims to recover compensation. This includes the expense of medical treatment for their illness, as well as lost wages due to being unable to work. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning it did not use reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk.
The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma may make an asbestos lawsuit. A person may bring a lawsuit for personal injury in order to obtain compensation for economic and other damages like emotional distress or pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who has died from an asbestos-related illness can also file a wrongful deaths lawsuit.
After an asbestos case is filed, the two sides share information through the process of discovery. It can take several months and may include lengthy interviews with coworkers, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.
Due to the complicated nature of asbestos litigation it is crucial that plaintiffs get an experienced lawyer handle their case. The law firm a victim or their family chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to get the maximum amount of compensation to our clients.
If you have any questions about filing an asbestos lawsuit, 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 nation. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover the pain and suffering.
Asbestos cases tend to settle rather than going to trial because it is easier and cheaper for defendant companies to settle the case in this way. Settlements also avoid negative publicity that can come when a verdict is handed down. new bedford asbestos law firm is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma cases are complicated, and attorneys must conduct extensive research about the medical records of their clients and work history as well as asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.
During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who been exposed to asbestos-containing materials. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related illnesses however, they didn't tell their workers or the general public.
Many states have set a time limit, also known as a statute of limitations, on how long asbestos victims can bring a lawsuit. The time frames vary from state to state but are typically between one and two years. If the statute of limitations expires before a case for mesothelioma is filed victims will lose the right to compensation.
The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to cover medical expenses. Asbestos-related victims may also be able to claim through trust funds established for patients diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts have been wiped out, but others continue to pay out large payouts. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't possible to resolve 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 of law, plaintiffs need to prove they are entitled damages, including future and past medical costs as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The process of trial is usually lengthy. In the last 10 years mesothelioma jury awards cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible parties, asbestos cases can be more complex. This is particularly true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma attorney is able to interview witnesses like coworkers, relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.
There is a growing concern the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect the actual damage and that they should be compensated more.
The defendants can seek to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions need an extensive examination of evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a part of the backlog in the courts.