Asbestos Litigation
In the courts across the country asbestos litigation is a huge issue. Asbestos exposure has been proved to cause lung disease and damage by research.
It is vital that attorneys know how to recognize asbestos-related products in each case. This can be done through talking to co-workers, getting reports, or looking at samples taken from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease, you may be qualified for compensation. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.
In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be liable for the injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is built on state and common laws that permit damages to be sought against manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not properly warned of the dangers that could result from using the products.
In asbestos cases, defendants often claim that they did not act in a negligent way and that their products are safe, even though doctors have long acknowledged that the use of
asbestos law-containing products can lead to various diseases. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury can decide how to divide the responsibility among them in a process called apportionment. The apportionment does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company who manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensation and punitive damages.
The lawsuit claims that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.
An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person can bring a lawsuit for personal injury in order to obtain compensation for other and economic damages like emotional distress, pain and suffering, and loss of enjoyment of the life. Family members who have survived someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
When an asbestos lawsuit has been filed, the two sides exchange information in the process of discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim,
asbestos law or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining maximum compensation for clients.
Contact us today for a no-obligation consultation for any questions regarding filing a lawsuit against
asbestos legal. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also be used to cover suffering and pain.
Asbestos cases often settle rather than going to trial because it is more cost-effective and easier for defendant companies to settle the matter in this manner. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is crucial to find mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their client's medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documentation and
Asbestos law testimony from former employees who have worked with asbestos-containing material. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.
A number of states have time limits known as statutes of limitations, on how long an asbestos victim must make a claim. These time periods vary by state, but generally range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to be compensated.
The amount of money that patients can receive is contingent on the diagnosis of their
asbestos law-related disease and how severe their condition is, as well as other aspects. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos victims might also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts are exhausted, but some continue to pay large amounts of money. In 2018, for instance, a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by an exposure.