Asbestos Litigation
A large amount of asbestos-related litigation has been dealt with in courts across the country. Research has shown that exposure to asbestos can cause lung damage as well as disease.
An attorney must be able to identify asbestos in every case. This can be accomplished by talking with co-workers in the office, collecting records, and analyzing samples from homes or work sites.
Liability
You could be eligible for compensation when you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim for compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there will be multiple defendants because there are many mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers who used asbestos, or acted as employers could be held responsible for injuries to victims.
Asbestos lawsuits are often categorized under the law of product liability, which are based on state and common laws that permit damages to be recouped from sellers of goods when the products cause injuries. In a product liability suit, it is alleged the injuries resulted from an ineffective design or fabrication, and that the person injured was not adequately informed about the risks associated with the products.
In asbestos cases, defendants typically claim that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products is linked to different diseases. Companies that concealed asbestos risks to increase profits were accused of cover-up as they sought to block claims and keep workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the responsibility between them in a process known as allocation. The apportionment process does not affect the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the expense of medical treatment for their illness and lost earnings due to the inability to work. san marcos asbestos attorney may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.
A victim or the estates of people who have died from asbestos-related illnesses like mesothelioma are able to bring an asbestos lawsuit. A person can file a lawsuit for personal injury in order to obtain compensation for other and economic damages that include emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.
After an asbestos case is filed, both sides communicate information through the process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.
It is important for plaintiffs to have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that the victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.
Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining the highest compensation for our clients.
Contact us for a no-obligation consultation should you have any questions about 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 from all over the country. Call or email us today to begin.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.
Asbestos cases are often settled instead of going to trial because it is easier and cheaper for defendants to settle the case in this way. Settlements can also prevent the negative publicity that comes with a verdict at trial. It is essential 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 on their client's medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence and use it to build a strong mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.
A number of states have set a limitation, also known as a statute of limitations for how long asbestos victims can bring a lawsuit. The length of time varies between states, but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victims will lose their right to receive compensation.
The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive, how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough funds for their medical bills. Asbestos sufferers may also be able to claim through trust funds established for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been closed, but others continue paying out substantial awards. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the condition was caused by specific exposures.
In a court of law, plaintiffs have to prove that they have a right to damages, including past and future medical costs loss of wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process is often lengthy. In the past decade mesothelioma jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is generally simple to identify the responsible parties. This is particularly true when a person was exposed to more than one type of asbestos and in multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and abatement workers, to create a database of companies, products and places.
The cost of resolving asbestos claims drains funds which could be used to pay for future cases. Some claimants believe that settlements don't reflect the actual damage and that they are entitled to more compensation.
The defendants in asbestos cases may fight to have claims dismissed by the process of summary judgment or by a finding of no exposure. These motions require a thorough examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.