Asbestos LitigationIn the courts across the nation,
asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung damage and lung disease by research.
It is vital that attorneys know how to recognize asbestos-related products in every case. This can be done through talking to colleagues, collecting records, or analyzing samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can help with lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related illness. You can make a claim or offer an agreement to the defendants.
There are typically several defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos or acted as employers could be held liable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused by an ineffective design or fabrication, and that the injured person was not adequately warned about the dangers of the products.
In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of a cover-up, as they tried to thwart claims and stop workers from claiming financial compensation for injuries they sustained.
A jury or judge may decide how to allocate the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.
The lawsuit asserts that the defendant was negligent,
Asbestos litigation meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about the dangers.
An asbestos-related lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related condition such as mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages that include emotional distress, pain and suffering, and loss of enjoyment of the life of. The surviving family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.
When an asbestos lawsuit is initiated, the parties share information through an process known as discovery. It can take several months and may involve lengthy interviews with coworkers or relatives,
Asbestos litigation abatement employees and others to discover potential defendants and their asbestos-related products.
It is important that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. 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 insurance companies and defendants for its expertise in asbestos cases.
LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to get the highest amount of compensation for our clients.
If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us by email or phone today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. The money is intended to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can help cover the suffering and pain.
Asbestos cases are typically settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is important to hire an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it in the preparation of an effective mesothelioma suit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances the documents prove that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their workers or to the public.
There are many states that set time limits which are known as statutes of limitation that define how long asbestos victims have to start a lawsuit. The time frames vary between states, but generally range between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose the right to compensation.
The amount of compensation victims receive is contingent upon the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.
Some of these trusts have been depleted but others continue paying out substantial payouts. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that are not resolved through settlement negotiations, including the different methods of calculating damages and whether the patient's condition was caused by specific exposures.