Asbestos Litigation
In the courts across the nation asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung disease and damage through research.
An attorney should be able recognize asbestos in every case. This can be done by talking with co-workers, obtaining records, and taking samples from homes or work sites.
Liability
You could be eligible for compensation if you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can pay for lost wages, medical expenses and other expenses related to mesothelioma. You can bring a lawsuit, or offer a settlement to the defendants.
There are usually multiple defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or acted as employers could be held liable for injuries sustained by victims.
Asbestos suits often fall under products liability laws that are based upon common and state laws which permit damages to be recouped from sellers of products when those products cause injury. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the victim was not adequately warned about the risks associated with using the products.
In asbestos cases, defendants usually 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 items are linked to a wide range of ailments. In addition, companies who concealed the risks of asbestos to boost profits have been accused of attempting to cover up by trying to thwart claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.
A jury or judge can decide how to distribute responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as the apportionment. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.
Damages
A lawsuit against a company that produced or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their illness as well as the loss of earnings due to the inability to work. 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 precautions to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to provide warnings to consumers and workers about the dangers.
An asbestos lawsuit may be filed by a victim, or the estate of a person who passed away from an asbestos-related condition like mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages that include emotional distress and pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.
When an asbestos lawsuit is initiated, the parties exchange information through a process called discovery. This process can last for a long time and may involve lengthy interviews with coworkers or relatives, abatement employees and others to discover possible defendants and their asbestos-related products.
It is important for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.
The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for clients.
If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Call or email us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is meant to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation may also cover suffering and pain.
Asbestos cases tend to settle instead of going to trial because it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that may come from a trial verdict. It is crucial to find mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into their client's medical records and work history as well as asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies' negligence. Evidence usually comes in the form of internal memos, corporate documents and testimony from 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 as well as other asbestos-related illnesses but did not disclose this information to their workers or the general public.
A number of states have set a limitation, also known as a statute of limitations, for the length of time asbestos victims can sue. The length of time varies from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to be compensated.
The amount victims can receive depends on the asbestos-related diagnosis they receive the severity of their condition is and other aspects. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough money to pay for medical expenses. Asbestos sufferers may also be able to file claims through trust funds created for patients diagnosed with mesothelioma as well as other asbestos-related illnesses.
Certain trusts have been depleted but others continue to pay substantial payouts. In tallahassee asbestos lawsuit , a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving issues that are not resolved through settlement negotiations, for instance the different methods of calculating damages and whether the patient's condition resulted from specific exposures.
In a trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses such as loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be lengthy. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and have far outstripped 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 can explain their legal rights in a public courtroom. A qualified lawyer can also help to identify potential defendants. Asbestos cases can be more complex than car accident litigation, where it is typically easy to identify the parties responsible. This is especially the case when an individual was exposed to more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a detailed list of companies as well as their products and locations.
There is growing concern that the expense of settling claims from past asbestos victims has a negative impact on funds which could be used to fund future cases. In addition, some claimants think that settlements aren't based on actual injuries and they deserve more compensation.
Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However they must be able to provide an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff received were insufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming a burden in the courts.