Asbestos Litigation
A significant amount of asbestos-related litigation has been handled by courts across the nation. Studies have proven that asbestos exposure can cause lung damage and cause disease.
An attorney must be able identify asbestos in each case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
You may be entitled to 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 and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related illness. You may choose to make a claim or offer a settlement to the defendants.
There are typically multiple defendants in asbestos cases due to the numerous mining companies who produced asbestos and also the manufacture of products that contained 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 a position of employer could also be held responsible for the injuries of victims.
Asbestos lawsuits often fall under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a flawed design, and that the victim was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants typically argue that they didn't act negligently and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. Companies that hid asbestos risks to make profits were accused of cover-up as they sought to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found to be responsible for the victim's asbestos-related injuries the judge or jury can decide how to divide the responsibility among them in a process called the apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the expense of medical treatment for their condition and lost earnings due to the inability to work. Victims can also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the risk.
An asbestos lawsuit may be filed by a victim or the estate of a person who passed away from an asbestos-related disease like mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment the life. The surviving family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.
When an asbestos lawsuit is filed, the parties exchange information via the process of discovery. This process can last for a long time and could require extensive interviews with colleagues and relatives, abatement workers, and others to identify potential defendants and asbestos law (
highwave.kr blog post)-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 a victim or their loved ones chooses must be aware of the unique complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its experience in these cases.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for
asbestos Law our expertise to obtain the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos suit, 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 now to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can cover the cost of suffering and pain.
Asbestos cases often settle rather than go to trial, as it is less expensive and easier for defendants to settle the case this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma cases are complicated, and attorneys must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the condition. Lawyers are able to gather evidence and use it to construct an effective mesothelioma suit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related ailments, but didn't disclose the information to their employees or to the general public.
A number of states have set a limitation, also known as a statute of limitations, on how long asbestos-related victims can file a lawsuit. The length of time varies from state to state but generally range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to compensation.
The amount of money victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts have been depleted but others continue to pay substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
asbestos claim victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the condition was caused by exposures specific to the victim.