Asbestos Litigation
In the courts across the country asbestos litigation has been a significant issue. Research has proved that asbestos exposure can cause lung damage and illness.
An attorney must be able to identify asbestos in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as taking samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation may help pay for lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.
There are usually several defendants in a case involving asbestos because there are many mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted in an employer capacity may also be accountable for injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law which is based on common and state laws that permit damages to be awarded against manufacturers of products if the products cause injury to. In a suit for product liability, it is alleged the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately warned about the dangers associated with products.
The defendants in asbestos cases typically argue that they did not do anything recklessly and that their products were safe, despite the fact that doctors have long recognized that
Asbestos Claim-containing products can lead to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking financial compensation for their injuries.
If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the blame between them through a process known as the apportionment. The apportionment process does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of the danger.
The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, including emotional stress and loss of enjoyment of life and pain and suffering. Family members of someone who died due to an asbestos-related condition can pursue a wrongful-death lawsuit.
When an asbestos-related case is filed and the parties communicate information through a process called discovery. It can take several months and may include lengthy interviews with coworkers and relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.
It is important for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of
asbestos lawyer litigation. The law firm that a victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.
The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability to get the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can also cover pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that could be associated from a trial verdict. It is essential to choose mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must do extensive research on their clients' medical records, work history and
asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually is found in internal memos, corporate documents, and statements of former employees who worked with asbestos-containing material. In many cases documents, they show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge the information to their employees or the general public.
Many states set time limits, called statutes of limitations which determine how long an asbestos victim can file a lawsuit. The length of time varies between states, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma is filed, victims will lose the right to receive compensation.
The amount of compensation a victim can receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts are empty, while others continue to pay out 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 contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.