Asbestos Litigation
In the courts across the nation, asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung disease and damage through research.
An attorney should be able identify asbestos in each case. This can be done through speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation can cover medical expenses, lost wages and other costs associated with mesothelioma. You can choose to bring a lawsuit, or offer a settlement to the defendants.
In asbestos cases, there are generally several defendants since there are a variety of mining companies that produce asbestos and 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 as employers could also be held responsible for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a defective design, and the injured party was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants typically assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a wide range of ailments. Companies that concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to block claims and keep workers from seeking an amount of compensation for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the responsibility between them in a process called allocation. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatments for their condition and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence and did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers.
An
asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related disease like mesothelioma. A person can start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional anxiety as well as loss of enjoyment life and pain and suffering. Family members who are survivors of someone who died due to an asbestos-related illness may also bring a wrongful death lawsuit.
When an asbestos lawsuit has been filed, the parties exchange information in the process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.
It is crucial 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 unique complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to secure the highest amount of compensation for our clients.
If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to begin.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from
asbestos exposure. Compensation can also help with suffering and pain.
Asbestos cases are typically 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 reduce the negative publicity that can come from a trial verdict. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence to use in an effective mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos producers knew about the risks of mesothelioma and other asbestos-related ailments, but did not disclose this information to their employees or to the general public.
Many states set time limitations which are known as statutes of limitation, on how long an asbestos victim has to make a claim. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.
The amount of compensation a victim can receive is based on the severity of their illness, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers can also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.
Some of these trusts have dwindled, however others continue to pay out large prizes. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and if the victim's condition was caused by specific exposures.
In a court of law,
asbestos lawsuit plaintiffs will have to prove that they are entitled to damages, including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss of consortium. In addition,
asbestos Lawsuit the defendant must prove that it is responsible for the asbestos-related injury.