Asbestos Litigation
In courts all over the nation, asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung disease and damage through research.
An attorney must be able recognize asbestos in each case. This can be done through conversations with coworkers, obtaining records, and studying samples from home or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related illness. You may choose to start a lawsuit or offer an agreement to the defendants.
There are typically multiple defendants in asbestos cases because there are numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in an employer capacity could be held accountable for the injuries of victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is built on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused by defective design or manufacturing and that the person injured was not adequately informed about the dangers of the products.
In asbestos cases, defendants typically argue that they didn't act recklessly and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can cause different diseases. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking an amount of compensation for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the blame between them in a process known as allocation. The apportionment does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a company that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the expense of medical treatment for their illness as well as the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the dangers.
The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma could start an asbestos lawsuit. A person may make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life, and suffering and pain. The surviving family members of someone who has passed away due to an asbestos-related condition can file a wrongful deaths lawsuit.
After an asbestos lawsuit is filed, both sides communicate information through a process known as discovery. It can take several months and may include lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants as well as their asbestos-related products.
It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to get the highest amount of compensation for our clients.
Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases usually settle rather than go to trial because it is cheaper and easier for defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated when a verdict is handed down. It is important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be responsible for their illness. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who have been exposed to asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or the general public.
Many states have imposed a time limit, referred to a statute of limitations for how long asbestos victims can bring a lawsuit. These time periods vary from state to state but typically range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victims will lose their right to receive compensation.
The amount of compensation victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to cover their medical bills. Asbestos victims may also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related ailments.
Some of these trusts have been empty, while some continue to pay huge amounts of money. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can also help settle issues that are not resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.
In a court trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses as well as loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. Over the past 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 help victims understand what to do through the trial process and explain their rights under the law in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is generally simple to identify the responsible parties. lafayette asbestos lawsuit is particularly true when the person has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to create an exhaustive database of employers, products and locations.
The expense of settling asbestos claims eats away funds that could have been used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.