Asbestos Litigation
In the courts across the country, asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung diseases and damage by research.
An attorney must be able identify asbestos in every case. This can be done by talking with co-workers, obtaining records, and analyzing samples from homes 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 can cover lost wages, medical costs and other costs associated with mesothelioma. You can make a claim for compensation or make an offer of settlement from the defendants in the case.
There are typically multiple defendants in a case involving asbestos because there are numerous mining companies that produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to
asbestos attorney-using mines or manufacturers or in a position of employer could also be held responsible for the injuries of victims.
Asbestos suits often fall under the law of product liability which are based on the common law and state laws that permit damages to be recovered from sellers of products when those products cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the person injured was not adequately warned of the risks that came with using the products.
The defendants in asbestos cases typically argue that they didn't act in a negligent way and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to boost profits were accused of a cover-up as they sought to block claims and keep workers from claiming the financial compensation they deserve for their injuries.
A jury or judge can decide on how to split responsibility between defendants if more than one defendant is found to be responsible for an
asbestos law-related injury. This process is known as apportionment. The apportionment of liability does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the costs of medical treatment for their condition as well as the loss of wages due to being unable to work. Victims could also be awarded compensation and punitive damages.
The lawsuit asserts that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk.
An asbestos lawsuit can be filed by a victim or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life, and suffering and pain. In addition,
asbestos the survivors of a family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.
After an asbestos case is filed, the two sides exchange information in a process called discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
Due to the complexity of asbestos litigation it is essential that plaintiffs have an experienced lawyer handle their case. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
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 to obtain the maximum amount of compensation for clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. 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 from all over the nation. Contact us now to begin.
Settlements
When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with the pain and suffering.
Asbestos cases usually settle rather than go to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's employment history as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it to build an effective mesothelioma case.
During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of
asbestos companies' negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases however, they did not communicate this information to their employees or to the public.
Many states have set a limit, known as a statute of limitations, to determine how long asbestos victims are allowed to sue. The time frames vary from state to state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation.
The amount victims can receive depends on the asbestos-related diagnosis they receive, how severe their condition is, as well as other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos victims might also be able to claim through trust funds established for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.
Some of these trusts have been depleted but others continue paying out substantial prizes. For instance, in the year 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that cannot be resolved through settlement negotiations, like the various ways to calculate damages and whether the victim's condition was caused by specific exposures.
In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs and lost wages, damages to property, pain and discomfort, and loss of consortium.