Asbestos Litigation
A substantial amount of asbestos litigation has been handled by courts across the nation. Research has proven that exposure to asbestos can cause lung damage and disease.
It is vital that attorneys know how to identify asbestos-related materials in each case. This can be done through conversations with coworkers or obtaining records, as well as analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation If you or someone you know is diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related illness. You can make a claim or offer an agreement to the defendants.
In asbestos cases, there are generally several defendants since there are a variety of mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law,
asbestos Claim which is based on state and common laws that allow damages to be awarded against producers of products if those products cause injuries. In a product liability suit it is claimed that injuries resulted from defective design or manufacturing and that the injured person was not adequately informed about the dangers associated with the products.
Defendants in asbestos cases often argue that they did not do anything negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing items is linked to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.
A judge or jury may decide on how to split the burden of responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is known as the apportionment. The apportionment process does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company which manufactured or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted negligently and did not exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to warn workers and consumers about the dangers.
A victim or the estates of people who have died from
Asbestos claim-related illnesses like mesothelioma are able to start an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for damages arising from economic or other causes including emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the surviving family members of a deceased person due to an asbestos-related illness may pursue a wrongful-death lawsuit.
When an asbestos lawsuit is filed, the two sides share information through a process called discovery. This may take a few months and may involve extensive interviews with colleagues and relatives, abatement workers and others to discover potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must have an understanding of the particular complexities involved in
asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to secure the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via phone or email now to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the pain and suffering.
Asbestos cases are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that can come with a trial verdict. It is important to hire an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's employment history, medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn't tell their employees or the general public.
A number of states have imposed a time limit, referred to a statute of limitations, for how long asbestos-related victims can sue. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed victims will lose their right to receive compensation.
The amount of money victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds for their medical bills. Asbestos victims might also be able to claim through trust funds created for patients diagnosed with mesothelioma,
asbestos case-related diseases.
Some trusts are depleted, but others still pay huge amounts of money. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't 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 of law,
Asbestos claim plaintiffs need to prove they are entitled damages, including future and past medical expenses loss of wages, damages to property as well as pain and discomfort and loss of consortium.