Asbestos Litigation
A large amount of asbestos litigation has been handled in courts across the nation. Asbestos exposure has been shown to cause lung diseases and damage through research.
It is essential that attorneys know how to recognize asbestos-related products in each case. This can be accomplished by talking to colleagues, collecting documents, or by analyzing samples taken from home or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you care about is diagnosed with a disease related to asbestos. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related illness. You can make a claim for compensation or an offer to settle the case with the defendants in the case.
There are usually multiple defendants in a case involving asbestos because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in a position of employer may also be accountable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be awarded against producers of products if those products cause injuries. In a suit for product liability, it is alleged the injuries were caused due to defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers of the products.
The defendants in asbestos cases typically argue that they did not do anything in a negligent way and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can lead to various illnesses. In addition, companies who concealed asbestos's dangers to increase profits have been accused of concealing the truth in attempting to block claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.
A jury or judge may decide how to divide the burden of responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is called apportionment. The apportionment does not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that made or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about this risk.
The estates or victims of people who have died from asbestos-related diseases like mesothelioma could file an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional suffering and suffering, loss of enjoyment life and pain and suffering. The surviving family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.
Once an asbestos case has been filed and the parties share information in a process called discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer to handle their case. ogden asbestos lawyer or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation for our clients.
Contact us today for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated 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 throughout the country. Call or email us today to get started.
Settlements
When asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the pain and suffering.
Asbestos cases usually settle instead of going to trial because it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements also prevent negative publicity that can come with a verdict at trial. It is crucial to find an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research about their clients' medical records, work history, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.
During depositions and discovery prior to trial mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes from internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases however they didn't inform their employees or the general public.
A number of states have set a time limit, also known as a statute of limitations, on the length of time asbestos victims can sue. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.
The amount victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is and other aspects. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos victims may also be able to claim through trust funds established for those who have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts have been depleted but others continue to pay out large prizes. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that aren't resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition resulted from specific exposures.
In a trial, plaintiffs must show that they are entitled to damages, which include future and past medical expenses and lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma-related jury awards cases have increased significantly and far exceeded the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer will help patients understand how to proceed in the court process and explain their rights under the law in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is especially true if an individual has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, and asbestos workers, to build a database of products, employers and the locations.
There is a growing concern that the cost of resolving claims from asbestos victims in the past has a negative impact on funds that could be used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However they must be able to provide an extensive review of evidence and an expert opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.