Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proved to cause lung disease and damage through research.
It is important for an attorney to know how to recognize asbestos-related products in every case. This can be accomplished by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites.
Liability
You could be eligible for compensation If you or someone you know is diagnosed with a condition related to asbestos. Compensation can be used to pay for medical expenses, lost wages and other costs related to mesothelioma. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case.
There are typically several defendants in a case involving asbestos due to the numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or in the capacity of an employer may also be accountable for the injuries of victims.
Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that allow damages to be recovered against producers of products if those products cause injuries. In a suit for product liability where the injuries were caused by defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers associated with the products.
In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a range of illnesses. Moreover, companies that hid the risks of asbestos to boost profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the responsibility between them in a process called the apportionment. The apportionment does not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their illness and the loss of wages due to inability to work. Victims may also receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.
An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related disease like mesothelioma. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment the life of. Family members who are survivors of someone who died due to an asbestos-related illness can also make a claim for wrongful death.
When an
asbestos lawsuit is filed,
asbestos lawsuit the two sides exchange information via a process called discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm the victim, or their family, selects should be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for our clients.
Contact us for a free consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Call or email us today to get started.
Settlements
If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation may also cover the cost of suffering and pain.
Asbestos cases are typically settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come with a verdict at trial. It is essential to choose an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research about the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers can gather evidence and use it to create a solid mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes from internal memos, corporate documents and statements of former employees who worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related ailments, but did not divulge the information to their employees or to the general public.
Many states have imposed a time limit, known as a statute of limitations, to determine how long asbestos victims are allowed to bring a lawsuit. The time frames vary from state to state but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their right to compensation.
The amount of compensation a victim will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and
Asbestos Lawsuit other expenses during negotiations to ensure patients have enough money to pay their medical bills. Asbestos victims can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments.
Certain trusts have dwindled, however others continue to pay out large prizes. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
asbestos legal victims who attend trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.