Asbestos Litigation
In courts all over the country asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage and cause disease.
An attorney should be able to recognize asbestos in every case. This can be accomplished by chatting with colleagues collecting records, or analysing samples taken from homes or work sites.
Liability
You could be eligible for compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may help pay for lost wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can either file a lawsuit or offer a settlement to the defendants.
There are usually several defendants in an asbestos case because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries sustained by victims.
Asbestos suits are typically governed by product liability laws that are based on the common law and state laws which allow damages to be recouped from sellers of products when those products cause injury. In a lawsuit involving product liability, it is alleged the injuries resulted from defective design or manufacturing and that the person injured was not adequately warned about the dangers of the products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of cover-up as they sought to block claims and keep workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for the victim's asbestos-related injuries the judge or jury can decide how to divide the responsibility between them through a process known as apportionment. The apportionment does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger.
An asbestos lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related condition like mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life as well as pain and suffering. Family members who are survivors of those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed and a settlement is reached, both sides communicate information through the process known as discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.
It is essential for plaintiffs to have an experienced lawyer handling their case because of the complexity of
asbestos litigation [
Web 011 Dmonster official blog]. The law firm that a plaintiff or their family selects should be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.
LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to get the most compensation possible for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. 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 nationwide. Contact us by phone or email today to get started.
Settlements
If
asbestos settlement 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 provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the cost of suffering and pain.
Asbestos cases are typically settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come with a trial verdict. It is crucial to choose an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.
Mesothelioma cases are complicated, and attorneys must conduct extensive research into the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and
asbestos litigation discovery. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases but didn't disclose this information to their workers or the general public.
Many states set time limits known as statutes of limitations on the time asbestos victims have to bring a lawsuit. The length of time varies by state, but generally range from one to two years. If the statute of limitation expires before a suit for mesothelioma has been filed, victims will lose the right to compensation.
The amount of compensation a victim can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Some of these trusts have been depleted but others continue to pay out large payouts. In 2018 the federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.
Trials
Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a particular exposure.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical costs loss of wages, damages to property, pain and discomfort, and loss of consortium.