Asbestos Litigation
In the courts across the nation asbestos litigation is a huge issue. Asbestos exposure has been shown to cause lung diseases and damage by research.
An attorney must be able to identify asbestos in every case. This can be done by chatting with colleagues in the office, collecting records, and analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can help with lost wages medical expenses, as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You can either file a lawsuit or offer a settlement to the defendants.
There are usually several defendants in an asbestos case due to the numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for the victims' injuries.
Asbestos suits often fall under the law of product liability, which are based on the common law and state laws which allow damages to be recovered from sellers of products when they cause injuries. In a suit for product liability where the injuries resulted from faulty design or mismanufacture and that the injured person wasn't adequately warned about the risks associated with the products.
In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a wide range of ailments. Companies that concealed asbestos risks to boost profits were accused of a cover-up. They tried to thwart claims and stop workers from seeking financial compensation for injuries they sustained.
A jury or judge can decide how to divide the responsibility among defendants when more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the costs of medical treatment for their condition and lost wages due to inability to work. Victims can also receive compensation and punitive damages.
The lawsuit claims that the defendant acted negligently, which means that it failed to take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.
A victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma could make an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life, and suffering and pain. In addition, the survivors of a family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.
Once an asbestos-related case has been initiated, the parties exchange information through the process known as discovery. It can take several months and may involve extensive interviews with co-workers and relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.
It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of
asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in these cases.
LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for our clients.
Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via email or phone today to get started.
Settlements
When asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may cover the suffering and pain.
Asbestos cases usually settle rather than going to trial, because it is less expensive and easier for the defendant company to settle the matter this way. Settlements also reduce the negative publicity that can come from a trial verdict. It is crucial to find an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.
During depositions and discovery prior to trial, mesothelioma lawyers can find evidence of asbestos-related companies negligence. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many cases documents, they show that
asbestos claim producers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose this information to their employees or to the general public.
Many states set time limits known as statutes of limitations on the time an asbestos victim must make a claim. The time frames vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to be compensated.
The amount victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure patients have enough money to pay their medical bills. Asbestos-related victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Certain trusts have been wiped out, but others continue to pay out large payouts. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the condition was caused by exposures specific to the victim.
In a court of law, plaintiffs have to prove that they are entitled to damages including future and past medical expenses and lost wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries.