Asbestos Litigation
A significant amount of asbestos-related cases have been handled in courts across the country. Asbestos exposure is proven to cause lung diseases and damage through research.
An attorney should be able to recognize asbestos in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
You may be entitled to compensation If you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or a settlement offer from the defendants in the case.
In asbestos cases, there will be multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for injuries to victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be recouped from the sellers of products when those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or defective design and that the injured party wasn't adequately warned of the dangers associated with using the products.
In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products have been linked to a wide range of ailments. Furthermore, companies that concealed the risks of asbestos to boost profits have been accused of concealing the truth by trying to thwart claims and attempting to stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility among the defendants in a process referred to as apportionment. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a business which manufactured or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk.
An asbestos lawsuit could be filed by a victim or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes that include emotional distress, pain and suffering, and loss of enjoyment the life of. Additionally, the surviving family members of a person who died due to an asbestos-related illness may make a claim for wrongful death.
After an asbestos case is filed and a settlement is reached, both sides exchange information during the process of discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
It is important 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 be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for our clients.
If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us via phone or email now to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. This money is meant to help the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can also be used to cover the pain and suffering.
Asbestos cases are often settled instead of going to trial, because it is cheaper and easier for the defendant company to settle the case in this way. Settlements also avoid negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must do extensive research on their client's medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can gather evidence and use it to create a solid mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documentation and statements of former employees who worked with asbestos-containing material. These documents usually show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their workers or the general public.
longmont asbestos law firm set time limitations known as statutes of limitations, on how long an asbestos victim can start a lawsuit. The time frames vary from state to state, but typically range from one to two years. If the statute of limitations expires before a suit for mesothelioma can be filed, the victims will lose their right to receive compensation.
The amount patients can receive is contingent on the diagnosis of their asbestos-related disease as well as how serious their condition is and other aspects. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also file claims with trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related illnesses.
Some of these trusts have been wiped out, but others continue to award substantial payouts. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured 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 also help settle issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure.
In a court of law, plaintiffs have to prove that they are entitled to damages, including future and past medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have increased significantly and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma attorney can help victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties involved, asbestos cases are more complicated. This is particularly true when the person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or asbestos workers, to build a database of the companies, products, and locations.
There is a growing concern that the cost of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to more compensation.
The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was no exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses of asbestos the plaintiff received were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer could help to accelerate the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.