Asbestos Litigation
In the courts across the country asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung damage and lung disease by research.
An attorney must be able identify asbestos in every case. This can be done by talking with co-workers in the office, collecting records, and studying samples from home or workplaces.
Liability
You may be entitled to compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can be used to pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You may choose to file a lawsuit or offer a settlement to the defendants.
There are usually multiple defendants in an asbestos case due to the numerous mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or acted as employers could also be liable for the injuries of 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 recovered against the sellers of products when those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries occurred due to defective design or manufacturing and that the person injured was not adequately informed about the dangers associated with the products.
In asbestos cases, defendants typically claim that they didn't act in a negligent way and that their products are safe, even though doctors have long recognized asbestos-containing products can cause various illnesses. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up by trying to thwart claims and by trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for the
asbestos attorney-related injuries sustained by a victim, a jury or judge could decide on how to divide the burden of responsibility among them in a process known as apportionment. The apportionment does not affect the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit against a company which manufactured or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims can also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.
A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional suffering and suffering, loss of enjoyment life, and suffering and pain. Family members who are survivors of those who have died due to an asbestos-related condition can make a claim for wrongful death.
After an asbestos case is filed, both sides exchange information during the process known as discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is essential for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family selects should have an understanding of the unique complexities involved in
asbestos litigation and be acknowledged by insurers and defendants for
asbestos litigation its expertise in these cases.
The lawyers at LK are
asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients.
Contact us for a free consultation should you have any questions about bringing a lawsuit against asbestos. 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 nationwide. Contact us by phone or email now to get started.
Settlements
If asbestos victims win their cases,
Asbestos litigation they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also help with pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's past work history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it to build an effective mesothelioma case.
During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases, but did not divulge the information to their employees or the public.
There are many states that set time limits also known as statutes or limitations on the time asbestos victims have to file a lawsuit. These deadlines vary between states, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation.
The amount of money that victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts have been closed, while others continue to award significant awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by an exposure.
In a court trial, plaintiffs must show that they have the right to damages, including past and future medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium.