Asbestos Litigation
A large amount of asbestos litigation has been handled by courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease by research.
An attorney must be able identify asbestos in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you love has been diagnosed with a disease related to asbestos. Compensation may help pay for lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there will be multiple defendants as there are numerous mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in a position of employer may also be accountable for the injuries sustained by victims.
Asbestos suits are typically governed by products liability laws which are based on the laws of the state and common law that allow for damages to be recouped from the sellers of products if those products cause injuries. In a product liability suit it is claimed that the injuries resulted from the design defect or manufacturing error and that the injured person was not adequately informed about the dangers of the products.
In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a myriad of illnesses. Companies that concealed asbestos-related risks to increase profits were accused of cover-up as they sought to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a jury or judge may determine how to divide the blame between them in a process known as allocation. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company that manufactured or sold asbestos products can help victims obtain compensation for the losses they suffered. newport beach asbestos law firm includes the cost of medical treatment and lost wages because of being unable their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence in that it failed to exercise reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk.
An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died due to an asbestos-related illness, like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages like emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the survivor family of someone who died from an asbestos-related illness can bring a wrongful death lawsuit.
Once an asbestos case is filed, the parties exchange information through a process called discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.
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 that a victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.
If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us via phone or email now to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is meant to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation may cover the pain and suffering.
Asbestos cases tend to settle rather than going to trial, because it is easier and cheaper for defendant companies to resolve the case this way. Settlements also help avoid negative publicity that could be associated when a verdict is handed down. It is crucial to select mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. The lawyers can then collect evidence to use in a strong mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their workers or the general public.
Many states have set a time limit, also known as a statute of limitations, on the length of time asbestos victims can bring 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 is filed, the victims will lose their right to compensation.
The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims might also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts are depleted, but others continue to pay out substantial awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from 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 also help to resolve problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the victim's condition was caused by a specific exposure.
In a trial plaintiffs must demonstrate that they have the right to damages, such as future and past medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically long. Over the past 10 years mesothelioma-related jury awards cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma lawyer can help patients understand how to proceed in the trial process and explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is often easy to identify responsible parties. This is particularly true when someone has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, and asbestos workers, to build a database of the companies, products and locations.
The expense of settling asbestos claims eats up funds which could have been used to fund future cases. In addition, some claimants believe that settlements should be basing on actual injuries and they deserve more compensation.
Plaintiffs in asbestos cases can fight to have claims dismissed by summary judgment or a finding of no exposure. These motions, however, require an in-depth examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can assist to speed up the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.