Asbestos Litigation
In the courts across the nation, asbestos litigation has been a major problem. Research has shown that asbestos exposure can cause lung damage and disease.
It is crucial for an attorney to understand how to identify asbestos products in each case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.
Liability
You may be entitled to compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical expenses and other costs associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants.
In asbestos cases, there are typically multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and also manufacture 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 be held accountable for injuries suffered by victims.
Asbestos suits often fall under laws governing product liability which are based on common and state laws which allow damages to be recovered from the seller of a product when the products cause injuries. In a product liability suit where the injuries resulted from faulty design or mismanufacture and that the person injured wasn't adequately warned about the dangers associated with the products.
In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Moreover, companies that hid the risks of asbestos to boost profits have been accused of attempting to cover up in attempting to block claims and trying to stop workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility among them in a process called apportionment. The apportionment does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company which manufactured or sold asbestos can help victims receive compensation. This includes the cost for
asbestos litigation medical treatment and lost wages because of being unable their job. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.
An
asbestos attorney lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died due to an asbestos-related illness, such as mesothelioma. A person can start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional suffering and loss of enjoyment of life as well as suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related illness can also make a claim for wrongful death.
Once an asbestos case is filed, the two sides exchange information through the process of discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers and others in order to identify 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 plaintiff or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases.
LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for our clients.
Contact us for a free consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Call or email us today to begin.
Settlements
If asbestos victims win their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. This money is meant to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also be used to cover suffering and pain.
Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for defendant companies to resolve the matter this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence to use in an effective mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony from former employees who have been exposed to asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related illnesses however they didn't inform their workers or the general public.
A number of states have time limits, called statutes of limitations, on how long an asbestos victim must start a lawsuit. These deadlines vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to be compensated.
The amount of compensation that victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos sufferers may also be able to claim through trust funds established to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts are exhausted, but some continue to pay large amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the condition was caused by a specific exposure.
In a trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses such as loss of wages, property damage or
Asbestos litigation loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long.