Asbestos Litigation
A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proved that asbestos exposure can cause lung damage as well as disease.
An attorney should be able to identify asbestos in every case. This can be accomplished by talking to co-workers, getting reports, or looking at samples from homes or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you love has been diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related illness. You can make a claim for compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there are generally several defendants since there are many mining companies that produce asbestos and also manufacture 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 used asbestos or who were employers could be held responsible for injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a defective design, and the victim was not adequately warned about the dangers associated with using the products.
The defendants in asbestos cases typically claim that they didn't act in a negligent way and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and by trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the burden of responsibility among them in a process called the apportionment. The apportionment of liability does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment for their illness, as well as lost wages due to being unable to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not use reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to inform consumers and workers of this risk.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma could file an asbestos lawsuit. A person can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related disease may pursue a wrongful-death lawsuit.
Once an asbestos-related case is filed,
asbestos claim the two sides exchange information in an process known as discovery. It can take several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
Due to the complexity of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm that a victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and 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 to get maximum compensation for our clients.
If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and
Asbestos Claim Houston, Texas. We represent clients nationwide. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also cover the cost of suffering and pain.
Asbestos cases 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 in this manner. Settlements also prevent negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's past work history, medical records, and
asbestos claim exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.
During pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing products. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases but did not inform their workers or the general public.
Many states have imposed a time limitation, also known as a statute of limitations for how long asbestos victims can bring a lawsuit. These deadlines vary from state to state but are typically between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.
The amount victims can receive depends on their asbestos-disease diagnosis as well as how serious their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients have enough money to cover their medical bills. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or other
asbestos legal-related ailments.
Some of these trusts have dwindled, however others continue to pay substantial prizes. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and if the victim's condition was caused by exposures specific to the victim.