Asbestos Litigation
In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure has been proven to cause lung diseases and damage by research.
An attorney should be able to recognize asbestos in every case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.
There are usually many defendants in an asbestos-related case because there are a variety of mining companies that made 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, manufacturers or who acted in the capacity of an employer could also be liable for the injuries of victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on common and state laws that allow damages to be recovered against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a defective design, and the injured party was not adequately warned of the risks 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 myriad of illnesses. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of concealing the truth by attempting to suppress claims and trying to block workers from seeking compensation for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the blame between them in a process called apportionment. The apportionment will not affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn workers and consumers of this risk.
A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life, and pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related illness can bring a wrongful death lawsuit.
After an asbestos case is filed and the parties exchange information during a process known as discovery. It can take several months and may include extensive interviews with co-workers or relatives, abatement employees and others to discover potential defendants and asbestos-related products.
It is essential for plaintiffs to choose an experienced lawyer 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 complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these 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 our clients.
If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can help cover the suffering and pain.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is crucial to select an attorney for mesothelioma who has experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it to create a strong mesothelioma lawsuit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.
A number of states have imposed a time limit, referred to a statute of limitations for the length of time asbestos victims can bring a lawsuit. These time periods vary by state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to compensation.
The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis as well as how serious their condition is, and other aspects. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Certain trusts are closed, while others still pay substantial awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was due to a specific exposure.
In a court of law, plaintiffs will have to prove that they are entitled to damages including past and future medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. Over the past 10 years mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than litigation involving car accidents, where it is typically easy to identify the responsible parties. This is particularly true when the victim was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer can interview witnesses, including family members, coworkers and abatement workers to compile a database of the companies, products and places.
There is lakewood asbestos lawyer growing concern that the cost of resolving claims of asbestos victims from the past is draining funds which could be used to pay for future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a part of the backlog in the courts.