Asbestos Litigation
A large portion of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease through research.
An attorney should be able recognize asbestos in each case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can be used to pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can bring a lawsuit, or offer an offer of settlement to the defendants.
In asbestos cases, there will be multiple defendants due to the fact that there are many mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to
asbestos Attorney-using mines or manufacturers or in an employer capacity could also be liable for the injuries of victims.
Asbestos lawsuits typically fall into the legal category of product liability law, which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the victim was not properly warned of the dangers that could result from using the products.
Defendants in asbestos cases often claim that they did not do anything negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various diseases. Companies that concealed asbestos dangers to increase profits were accused of cover-up, and they attempted to block claims and keep workers from claiming an amount of compensation for their injuries.
A jury or judge may decide how to allocate the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment does not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold
asbestos compensation-related products could help victims obtain compensation for their losses. 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 compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not inform consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim or the estate of a person who has died from an
asbestos attorney-related illness like mesothelioma. A person may file a lawsuit for personal injury to seek compensation for other and economic damages like emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who has passed away due to an asbestos-related condition can pursue a wrongful-death lawsuit.
After an asbestos lawsuit is filed the parties share information in the process of discovery. It can take several months and could require extensive interviews with co-workers and relatives, abatement workers and others to determine potential defendants and 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 that a victim or their family selects should be aware of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its experience in these cases.
LK's attorneys are asbestos litigation experts with decades 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 free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to begin.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is meant to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases often settle instead of going to trial,
asbestos attorney as it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements also avoid negative publicity that comes with a trial verdict. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research into their clients' medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documents and statements of former employees who have worked with asbestos-containing material. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public.
A number of states have time limits known as statutes of limitations that define how long an asbestos victim can start a lawsuit. These time periods vary from state to state, but typically range between one and
Asbestos Attorney two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to receive compensation.
The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is and other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical bills. Asbestos sufferers may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts have been wiped out, but others continue paying out substantial payouts. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.
In a court of law, plaintiffs need to prove they are entitled damages, including past and future medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss of consortium.