Asbestos Litigation
In the courts across the nation, asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
An attorney must be able identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you may be qualified for compensation. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.
In asbestos cases, there are typically multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in the capacity of an employer could be held accountable for the injuries of victims.
Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be sought against manufacturers of products if the products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person injured was not properly warned of the risks that came with using the products.
The defendants in asbestos cases typically argue that they did not act recklessly and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to different diseases. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of covering up the issue by trying to thwart claims and trying to stop workers from seeking financial compensation for injuries they sustained.
A judge or jury can decide on how to split the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is called apportionment. The apportionment doesn't alter the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted negligently, meaning it did not use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.
An asbestos lawsuit may 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 may bring a lawsuit for personal injury to claim compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life of. The surviving family members of someone who has died from an asbestos-related illness may also bring a wrongful death lawsuit.
Once an asbestos-related case is filed, the two sides exchange information via an process known as discovery. This can last several months and may involve extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.
Due to the complexity of asbestos litigation it is important that plaintiffs hire an experienced lawyer to handle their case. The law firm that a plaintiff or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.
The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients.
If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.
Settlements
If asbestos victims prevail in their cases, they receive compensation from the companies who exposed them to hazardous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can cover the suffering and pain.
Asbestos cases are often settled instead of going to trial because it is more cost-effective and easier for defendants to settle the case in this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing material. In many instances the documents prove that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related illnesses however, they did not communicate the information to their employees or the general public.
A number of states have time limits which are known as statutes of limitation which determine how long an asbestos victim can bring a lawsuit. These time periods vary from state-to-state, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation.
The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other aspects. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos sufferers can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts are depleted, but others continue to pay out large amounts of money. For example, in 2018 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 produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help to resolve issues that aren't resolved through settlement negotiations, such as the various ways to calculate damages and whether the victim's condition was caused by specific exposures.
In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial can be lengthy. In the last 10 years mesothelioma jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer will help victims understand the steps to take in the court procedure and will explain their rights under the law in a public courtroom. A qualified lawyer can also help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is generally easy to identify responsible parties. This is especially true when an individual was exposed to more than one kind of asbestos and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to create a database of the companies, products, and places.
There is a growing concern the cost of resolving claims of asbestos victims from the past is consuming funds that could be used to fund future cases. Additionally, some claimants believe that settlements are not based on actual injuries and they deserve more compensation.
beaverton asbestos lawyer can argue to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a backlog in the courts.