Asbestos Litigation
A large amount of asbestos cases have been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage and cause disease.
An attorney must be able to recognize asbestos in every case. This can be done by talking to co-workers, getting documents, or by analyzing samples taken from home or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other expenses related to mesothelioma. You can either make a claim or offer an agreement to the defendants.
In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and also manufacture products that contain
asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be held responsible for injuries sustained by victims.
Asbestos lawsuits are often categorized under product liability laws which are based on state and common laws which allow damages to be recouped from sellers of goods when those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or defective design and that the injured party was not adequately warned of the risks that came with using the products.
In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos-related risks to increase profits were accused of cover-up as they sought to block claims and keep workers from seeking the financial compensation they deserve for their injuries.
A judge or jury may decide how to distribute responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment does not alter the amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company that produced or sold asbestos could assist victims to recover compensation. This includes the expense of medical treatment for their condition as well as the loss of wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about this risk.
A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma can make an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life as well as pain and suffering. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos-related case is filed, the two parties exchange information in the process of discovery. This can last several months and may involve extensive interviews with co-workers or relatives, abatement employees and others to discover potential defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is imperative that plaintiffs choose a seasoned lawyer handling their case. The law firm that a plaintiff 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 experience in these cases.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining the highest compensation for clients.
Contact us for a complimentary consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. This money is meant to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can 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 easier and cheaper for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's employment history, medical records and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it to create a strong
mesothelioma Law lawsuit.
During pre-trial discovery and
mesothelioma law depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies' negligence. Evidence typically comes in the form internal memos, corporate documents, and the testimony of former employees who been exposed to asbestos-containing materials. In many cases the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases however, they did not communicate this information to their workers or to the public.
A number of states have set a time limitation, also known as a statute of limitations, on how long
asbestos compensation-related victims can bring a lawsuit. These deadlines vary from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to be compensated.
The amount of compensation victims are entitled to is determined by the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos sufferers can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments.
Certain trusts are depleted, but others continue to award significant awards. In 2018 the federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the condition was caused by a specific exposure.