Asbestos Litigation
A large portion of asbestos cases have been handled in courts across the country. Research has proved that
asbestos exposure can cause lung damage and cause disease.
An attorney should be able to identify asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as taking samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can make a claim or offer a settlement to the defendants.
There are typically multiple defendants in an asbestos-related case because there are numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be liable for injuries sustained by victims.
Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a flawed design, and that the victim wasn't adequately warned of the risks associated with using the products.
Defendants in asbestos cases often claim that they didn't act recklessly and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can lead to different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by trying to thwart claims and trying to block workers from seeking compensation for their injuries.
A judge or jury may decide on how to split the burden of responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is known as allocation. The apportionment process does not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the costs of medical treatment for their illness, as well as lost wages because of being unable to work. Victims may also receive compensation and punitive damages.
The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed warn workers and consumers about the risk.
An asbestos lawsuit could 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, like mesothelioma. A person can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life and suffering and pain. Additionally, the surviving family members of a person who died from an asbestos-related disease can file a wrongful death lawsuit.
Once an asbestos case has been filed, the parties exchange information in an process known as discovery. This can last several months, and may require extensive interviews with colleagues and relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.
It is important for plaintiffs to have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that the victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.
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 maximum compensation for our clients.
If you have any questions about filing an asbestos lawsuit, please 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 all over the nation. Contact us today to begin.
Settlements
When
asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover pain and suffering.
Asbestos cases are typically settled instead of 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 in a trial. It is crucial to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. Lawyers are able to gather evidence and use it to construct a mesothelioma case that is strong and successful.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documentation and testimony of former employees who been exposed to asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases however they didn't inform their employees or the general public.
A number of states have time limits which are known as statutes of limitation on the time an asbestos victim has to start a lawsuit. The time frames vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, the victims will lose their right to compensation.
The amount of compensation victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments.
Some trusts are empty, while others continue to pay out huge amounts of money. For example, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure.