Asbestos Litigation
A substantial amount of asbestos litigation has been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and cause disease.
It is crucial that attorneys know how to identify asbestos-related materials in every case. This can be done by talking with co-workers, obtaining records, and taking samples from homes or work sites.
Liability
If you or a loved one is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation can be used to pay for lost wages, medical costs and other expenses related to mesothelioma. You can either file a lawsuit or offer an agreement to the defendants.
There are typically multiple defendants in
asbestos cases due to the numerous mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of
asbestos lawyer-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers who used asbestos or who acted as employers could be held accountable for injuries suffered by victims.
Asbestos suits typically fall under the law of product liability that are based upon state and common laws that allow for damages to be recouped from sellers of goods when those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not adequately warned about the risks that came with using the products.
The defendants in asbestos cases typically claim that they did not behave in a negligent way and
asbestos that their products were safe, even though doctors have long acknowledged that asbestos-containing products is linked to various diseases. Companies that hid asbestos dangers to increase profits were accused of a cover-up, as they tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the responsibility between them in a process called apportionment. The apportionment process does not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a firm that manufactured or sold
asbestos claim-related products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently, 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 danger and did not warn workers and consumers of this risk.
A victim or the estates of people who have died from asbestos-related diseases like mesothelioma may make an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for economic and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family members of a deceased person from an asbestos-related disease can file a wrongful death lawsuit.
Once an asbestos case has been filed, both sides communicate information through the process known as discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.
Due to the complexity of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handle their case. The law firm a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.
LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to get the highest amount of compensation for our clients.
Contact us for a free consultation for
asbestos 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 country. Call or email us today to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation can also help with the cost of suffering and pain.
Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that is associated with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers can gather evidence and use it to construct a mesothelioma case that is strong and successful.
During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies' negligence. Evidence usually comes in the form internal memos, corporate documentation and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public.
Many states have imposed a time limit, referred to a statute of limitations, to determine how long asbestos victims are allowed to make a claim. These time periods vary by state, but typically range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to compensation.
The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with the severity of their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Some of these trusts have been depleted but others continue to pay substantial prizes. In 2018, for instance a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by an exposure.
In a trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses as well as loss of earnings, property damage as well as pain and suffering and loss of consortium.