Asbestos Litigation
A substantial amount of asbestos-related cases have been handled in courts across the country. Research has proved that asbestos exposure can cause lung damage as well as disease.
An attorney should be able to identify asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples taken from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness you may be qualified for compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You may choose to make a claim or offer a settlement to the defendants.
There are typically many defendants in an asbestos-related case because there are 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. Companies that provide services to asbestos-using mines, manufacturers or who acted as employers could also be liable for injuries sustained by victims.
Asbestos lawsuits are often categorized under products liability laws which are based on the common law and state laws that permit damages to be recovered from sellers of goods when those products cause injuries. In a suit for product liability it is claimed that injuries were caused by faulty design or mismanufacture and that the person injured was not adequately warned about the risks associated with the products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a variety of diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up. They tried to deny claims and block workers from seeking financial compensation for their injuries.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the blame between them in a process called allocation. The apportionment does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment for their condition, as well as lost wages due to inability to work. Victims may also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable care 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 inform consumers and workers about the dangers.
A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma are able to start an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life as well as pain and suffering. Family members who have survived those who have died due to an asbestos-related disease can make a claim for wrongful death.
After an asbestos case has been filed, the two sides exchange information in a process called discovery. This process can last several months and could require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer to handle their case. The law firm a victim or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our skill to obtain the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. 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 across the nation. Call or email us today to begin.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.
Asbestos cases tend to settle instead of going to trial, because it is more cost-effective and easier for defendants to settle the matter this way. Settlements also reduce the negative publicity that could be associated when a verdict is handed down. It is crucial to find mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.
washington asbestos lawsuit are extremely complex, and attorneys must conduct extensive research about the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers are able to gather evidence and use it to construct a mesothelioma case that is strong and successful.
During pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos companies negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases, but didn't disclose the information to their employees or to the general public.
A number of states have set a time limitation, also known as a statute of limitations, to determine how long asbestos victims are allowed to sue. The time frames vary between states, but are typically between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to compensation.
The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is, as well as other aspects. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts have been closed, but others continue to pay substantial prizes. For example, in 2018 a federal jury 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-related victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition was caused by specific exposures.
In a court of law, plaintiffs will be required to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The process of trial is usually lengthy. In the last decade mesothelioma juries' awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma lawyer will help patients understand how to proceed through the trial procedure and will explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation, where it is usually simple to identify the responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos and in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a detailed database of employers as well as the locations of their products and.
There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds that could be used to pay for future cases. Some claimants also believe that settlements should be just based on injuries that actually occurred and should be compensated more.
Defendants can fight to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions require a thorough examination of the evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a burden in the courts.