Asbestos LitigationA substantial amount of asbestos litigation has been handled by courts across the nation. Research has proved that asbestos exposure can cause lung damage as well as disease.
An attorney should be able to recognize asbestos in each case. This can be done by talking with co-workers collecting records, or studying samples from home or workplaces.
Liability
You could be eligible for compensation when you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs related to mesothelioma. You can file a lawsuit or offer a settlement to the defendants.
There are typically multiple defendants in asbestos cases due to the numerous mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or acted as employers could be held accountable for injuries sustained by victims.
Asbestos suits often fall under product liability laws that are based upon the laws of the state and common law which permit damages to be recouped from sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants often argue that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing items is linked to various illnesses. Companies that hid asbestos risks to increase profits were accused of a cover-up, as they tried to block claims and keep workers from claiming financial compensation for their injuries.
A jury or judge can decide how to distribute the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This is known as the apportionment. The apportionment process does not alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional anxiety and suffering, loss of enjoyment life, and pain and suffering. Family members who are survivors of someone who has passed away due to an asbestos-related illness can also bring a wrongful death lawsuit.
Once an
asbestos case has been filed and a settlement is reached, both sides exchange information during a process called discovery. This may take a few months and may include lengthy interviews with coworkers and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that the victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a free 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 from all over the nation. Call or email us today to begin.
Settlements
When victims win their asbestos lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. This money is meant to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also cover pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are complex and lawyers must do extensive research on their clients' medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers are able to gather evidence and use it to construct a strong mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their workers or the general public.
Many states set time limits, called statutes of limitations which determine how long asbestos victims have to file a lawsuit. These time periods vary by state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to compensation.
The amount of money victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims may also be able to claim through trust funds set up for those diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts are closed, while others continue to award significant awards. For example, in 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.
Trials
Trials are a 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 caused by a particular exposure.
In a court trial the plaintiffs have to prove that they are entitled to damages,
asbestos including future and past medical expenses such as lost wages, property damages or loss of enjoyment, and loss of consortium.