Asbestos Litigation
In the courts across the nation asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage and cause disease.
It is important that attorneys know how to identify asbestos products in every case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples taken from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover lost wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case.
There are typically several defendants in an asbestos-related case because there are a variety of mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries sustained by victims.
Asbestos lawsuits are often categorized under the law of product liability that are based on the common law and state laws which allow damages to be recovered from the sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a flawed design, and that the victim was not adequately warned of the dangers that could result from using the products.
In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a variety of diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of covering up the issue in attempting to block claims and by trying to prevent workers from seeking financial compensation for their injuries.
A judge or jury can decide on how to split the responsibility among defendants when more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment of liability will not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatments for their condition as well as the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to warn workers and consumers of this risk.
An asbestos lawsuit could be filed by a victim or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. A person may make a claim for personal injury in order to obtain compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has died from an asbestos-related condition can file a wrongful deaths lawsuit.
When an asbestos-related case is filed and a settlement is reached, both sides share information in the process known as discovery. It can take several months, and may require extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and asbestos-related products.
It is essential for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.
The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success to get the most compensation possible for clients.
Contact us for a no-obligation consultation should you have any questions about bringing a lawsuit against asbestos. We are committed 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 nation. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also help with the cost of suffering and pain.
Asbestos cases tend to settle rather than go to trial, as it is less expensive and easier for defendant companies to resolve the case this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is essential to choose mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into their client's work history, medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then collect evidence and use it to create an effective mesothelioma suit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing material. In many cases, these documents show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their employees or the public.
Many states have set a limitation, also known as a statute of limitations for how long asbestos-related victims can make a claim. The durations vary by state, but typically range from one to two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation.
The amount of money that victims can receive depends on the asbestos-related diagnosis they receive as well as how serious their condition is, and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts have been closed, but others continue to pay substantial prizes. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.
In a court trial the plaintiffs have to prove that they have the right to damages, such as future and past medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.
An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also help to identify potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially true if a person has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers, to create a database of companies, products, and locations.
The expense of settling asbestos claims drains funds which could have been used to pay future cases. In addition, some claimants believe that settlements should be basing on actual injuries and should be compensated more.
santa monica asbestos attorney can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and keep the case from becoming part of the backlog in the courts.