Asbestos Litigation
A substantial amount of asbestos litigation has been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage and cause disease.
An attorney should be able identify asbestos in each case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples taken from home or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation can help with lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You may choose to start a lawsuit or offer an agreement to the defendants.
There are typically several defendants in an
asbestos case because there are many mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in the capacity of an employer could also be liable for injuries sustained by victims.
Asbestos suits are typically governed by laws governing product liability that are based upon state and common laws which allow damages to be recovered from sellers of products when the products cause injury. In a product liability lawsuit it is claimed that the injuries were caused due to an ineffective design or fabrication, and that the person who was injured wasn't adequately warned about the dangers of the products.
Defendants in asbestos cases often argue that they didn't act negligently and that their products were safe, even though doctors have long acknowledged that
asbestos attorney-containing products can lead to various diseases. Moreover, companies that hid asbestos's risks to increase profits have been accused of covering up the issue by trying to thwart claims and attempting to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the responsibility among the defendants in a process referred to as apportionment. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims can also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn 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 can file an asbestos lawsuit. A person can file a lawsuit for personal injury in order to obtain compensation for economic and other damages, such as emotional distress, pain and
Asbestos Case suffering, and loss of enjoyment of the life of. Family members of those who have died due to an asbestos-related illness may also file a wrongful deaths lawsuit.
Once an asbestos case has been filed, the two sides exchange information in an process known as discovery. It can take several months and may include lengthy interviews with coworkers and relatives, abatement workers, and others to identify potential defendants and asbestos-related products.
Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that the victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.
The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients.
Contact us for a no-obligation consultation If you have any concerns about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us now to get started.
Settlements
If asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may cover pain and suffering.
Asbestos cases tend to settle instead of going to trial because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. Lawyers can then gather evidence and use it to construct an effective mesothelioma suit.
In the course of pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing products. In many instances documents, they show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but didn't disclose the information to their employees or to the general public.
Many states set time limitations which are known as statutes of limitation on the time an asbestos victim can bring a lawsuit. These deadlines vary from state-to-state, but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.
The amount of money victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds created for
asbestos case patients diagnosed with mesothelioma as well as other asbestos-related diseases.
Certain trusts have been depleted but others continue paying out substantial payouts. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there could be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.
In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss in consortium.