Asbestos Litigation
In courts all over the nation, asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung damage and lung disease by research.
It is crucial for an attorney to understand how to identify asbestos products in each case. This can be done by speaking with colleagues in the office, collecting records, and studying samples from home or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can pay for lost wages, medical expenses and other costs associated with mesothelioma. You can either file a lawsuit or offer an offer of settlement to the defendants.
There are typically several defendants in a case involving asbestos due to the numerous mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted in the capacity of an employer could be held accountable for the injuries sustained by victims.
Asbestos lawsuits are often categorized under products liability laws that are based upon the laws of the state and common law which allow damages to be recovered from sellers of goods when they cause injury. In a suit for product liability, it is alleged the injuries were caused by an ineffective design or fabrication, and that the person who was injured was not adequately warned of the risks associated with the products.
In asbestos cases, defendants typically argue that they didn't act recklessly and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from claiming financial compensation for their injuries.
If more than one defendant is found liable for the
asbestos claim-related injuries sustained by a victim the judge or jury could decide how to split the burden of responsibility among them in a process known as apportionment. The apportionment of liability does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also be awarded compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about the risk.
A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. A person may make a personal injury claim to claim compensation for non-economic and economic damages, including emotional distress and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivors of a family of someone who died due to an asbestos-related illness may bring a wrongful death lawsuit.
When an asbestos lawsuit has been filed, the parties exchange information via an process known as discovery. It can take several months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products.
Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their expertise.
The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation for our clients.
Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. 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 throughout the United States. Contact us via phone or email today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can help cover the pain and suffering.
Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is essential to choose an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are complicated and lawyers must do extensive research on their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. 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 workers or the public.
A number of states have imposed a time limit, known as a statute of limitations, for how long asbestos victims can bring a lawsuit. The time frames vary between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to compensation.
The amount victims can receive depends on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure patients have enough money to pay for their medical bills.
asbestos Attorney victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts are depleted, but others still pay significant awards. 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 manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is due to a specific exposure.