Asbestos Litigation
A large portion of asbestos-related litigation has been dealt with in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
It is vital for an attorney to know how to spot asbestos products in each case. This can be done by talking with co-workers collecting records, or analysing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation may cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case.
There are usually multiple defendants in an asbestos case because there are many mining companies that produced asbestos and the manufacturers 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 who acted in a position of employer could also be held responsible for the injuries sustained by victims.
Asbestos suits typically fall under product liability laws that are based upon the laws of the state and common law that permit damages to be recovered from sellers of products when they cause injury. In a lawsuit involving product liability it is claimed that injuries occurred due to the design defect or manufacturing error and that the injured person wasn't adequately warned about the risks associated with the products.
Defendants in asbestos cases often argue that they didn't act recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to various diseases. Additionally, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to block workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment will not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a company that produced or sold asbestos can help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also receive compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently, which means that it didn't take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk.
The estates or victims of those who have passed away from
asbestos law-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for damages arising from economic or other causes including emotional distress as well as pain and suffering and loss of enjoyment the life of. In addition, the surviving family members of a person who died from an asbestos-related disease may make a claim for wrongful death.
Once an
asbestos case is filed, the two parties exchange information via an process known as discovery. This may take a few months and may involve extensive interviews with co-workers, relatives, abatement workers and others to determine potential defendants and asbestos-related products.
It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to get the maximum amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Call or email us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover the cost of suffering and pain.
Asbestos cases are often settled rather than go to trial because it is less expensive and easier for defendant companies to settle the matter this way. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it to build an effective mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their workers or the public.
Many states have set a limitation, also known as a statute of limitations for how long asbestos victims are allowed to make a claim. These deadlines vary from state-to-state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their right to be compensated.
The amount of money that victims can receive depends on the asbestos-related diagnosis they receive the severity of their condition is and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims may also be able to claim through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts have been closed, but others continue paying out substantial awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who go to trial have a much 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 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.
In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical expenses loss of wages, damages to property as well as discomfort and pain and loss of consortium.