Asbestos Litigation
A substantial amount of asbestos litigation has been handled in courts across the country. Research has shown that exposure to asbestos can cause lung damage and disease.
An attorney must be able recognize asbestos in every case. This can be done through talking to co-workers, getting records, or analyzing samples taken from home or workplaces.
Liability
You may be entitled to compensation when you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. mesa asbestos lawyer may choose to make a claim or offer an offer of settlement to the defendants.
In asbestos cases, there will be multiple defendants due to the fact that there are numerous mining companies that produce asbestos and 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 who acted as employers could be held accountable for the victims' injuries.
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on common and state laws that permit damages to be sought against the sellers of products when those products cause injury to. In a suit for product liability it is claimed that injuries resulted from defective design or manufacturing and that the victim was not adequately warned about the dangers associated with the products.
In asbestos cases, defendants often argue that they didn't act recklessly and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up. They tried to thwart claims and stop workers from seeking financial compensation for their injuries.
A judge or jury can decide how to allocate the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their condition, as well as lost wages due to inability to work. Victims may also be eligible for punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently and did not use reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of this risk.
An asbestos lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional stress as well as loss of enjoyment life, and suffering and pain. Family members who are survivors of those who have died due to an asbestos-related disease can bring a wrongful death lawsuit.
After an asbestos case has been filed, the parties exchange information through the process known as discovery. This can last several months and could require extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants and their asbestos-related products.
It is essential for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that the victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.
The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to obtain maximum compensation for our clients.
If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are committed 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 today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation for the companies that exposed them substances. The money is intended to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can help cover the pain and suffering.
Asbestos cases are often settled rather than go to trial, because it is more cost-effective and easier for the defendant company to settle the case this way. Settlements can also prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. Evidence usually comes from internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos producers knew about the risks of mesothelioma and other asbestos-related illnesses but did not divulge the information to their employees or to the public.
Many states have set a limit, also known as a statute of limitations, for how long asbestos victims are allowed to make a claim. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to be compensated.
The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims may also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts are depleted, but some continue to pay large amounts of money. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of 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 aren't resolved through settlement negotiations, such as differences in how to calculate damages and whether the condition was caused by exposures specific to the victim.
In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma-related jury awards cases have risen significantly, and are far more than the amount that is awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is especially true when someone 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, and abatement workers to compile an inventory of products, employers, and locations.
The expense of settling asbestos claims eats away funds that could have been used to pay future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and they deserve more compensation.
The defendants can seek to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. These motions require a thorough examination of the evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and stop the case from becoming part of the backlog in the courts.