Asbestos Litigation
In the courts across the nation, asbestos litigation has been a significant issue. Research has proved that asbestos exposure can cause lung damage and illness.
It is crucial that attorneys know how to identify asbestos products in every case. This can be done by speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can cover lost wages, medical costs and other costs associated with mesothelioma. You can start a lawsuit or offer a settlement to the defendants.
There are usually several defendants in an asbestos case due to the numerous mining companies who produced asbestos and manufacturers of the products that contained 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 an employer capacity may also be accountable for injuries suffered by victims.
Asbestos suits are typically governed by the law of product liability, which are based on the laws of the state and common law which allow damages to be recouped from sellers of products when they cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the person injured was not properly warned of the risks that came with using the products.
Defendants in asbestos cases often argue that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to various diseases. Companies that hid asbestos risks to increase profits were accused of a cover-up, and they attempted 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 may determine how to divide the burden of responsibility among them in a process known as the apportionment. inglewood asbestos lawyer doesn't affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages.
The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about the risk.
An asbestos lawsuit could be filed by a victim or the estate of a person who died from an asbestos-related disease like mesothelioma. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional anxiety as well as loss of enjoyment life as well as suffering and pain. Additionally, the surviving family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed the parties exchange information during the process of discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.
It is crucial for plaintiffs to have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities of asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to get the most compensation possible for clients.
Contact us for a free consultation if you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us by phone or email today to start your journey.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is meant to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation may cover the pain and suffering.
Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is crucial to find mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. The lawyers can then collect evidence to use in an effective mesothelioma case.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge the information to their employees or to the general public.
Many states have set a limit, known as a statute of limitations, for how long asbestos-related victims can sue. The durations vary by state, but generally range from one to two years. If the statute of limitation expires before a case for mesothelioma is filed the victim will lose their right to receive compensation.
The amount of money victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been wiped out, but others continue to pay substantial payouts. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by a particular exposure.
In a court of law, plaintiffs will have to prove that they have a right to damages, including past and future medical expenses loss of wages, damages to property as well as pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is typically long. In the last decade, jury awards in mesothelioma cases have increased dramatically and far exceeded the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation where it is often easy to identify responsible parties. This is especially true when an individual was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as family members, coworkers and abatement workers to compile a database of companies, products and the locations.
The expense of settling asbestos claims eats up funds that could be used to pay future cases. Additionally, some claimants believe that settlements are not basing on actual injuries and therefore deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims using summary judgment or a finding that there was no exposure. These motions are, however, subject to an exhaustive examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a backlog in the courts.