Asbestos Litigation
In courts all over the country asbestos litigation has been a major problem. Research has proven that asbestos exposure can cause lung damage and illness.
It is essential for an attorney to know how to identify asbestos-related materials in each case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
You could be eligible for compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.
In asbestos cases, there are typically multiple defendants due to the fact that there are many mining companies that manufacture asbestos as well as manufacturers of products containing 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 held responsible for injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from sellers of products if those products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused by faulty design or mismanufacture and that the victim wasn't adequately warned about the dangers of the products.
In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a range of illnesses. Companies that concealed asbestos-related risks to boost profits were accused of a cover-up. They tried to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.
A judge or jury can decide on how to split the responsibility among defendants when more than one defendant is identified as being responsible for an asbestos-related injury. This is known as the apportionment. The apportionment does not affect the total amount that a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims can also be awarded punitive and compensatory damages.
The lawsuit claims that the defendant acted with negligence, meaning it did not use reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of this risk.
An asbestos-related lawsuit can be filed by a victim, or the estate of a person who has died from an asbestos-related condition such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional suffering as well as loss of enjoyment life as well as suffering and pain. Family members who have survived those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
When an asbestos lawsuit has been filed, the two parties exchange information via the process of discovery. This may take a few months and may involve extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and asbestos-related products.
Due to the complex nature of asbestos litigation, it is crucial that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants 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 renowned for our success to get the most compensation possible for our clients.
If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the country. Contact us today to begin.
Settlements
If asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that could be associated when a verdict is handed down. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma cases are extremely complex and lawyers must do extensive research on their client's medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically is found in internal memos, corporate documents, and testimony from former employees who have been exposed to asbestos-containing materials. These documents usually show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their workers or the general public.
Many states set time limitations, called statutes of limitations, on how long asbestos victims have to make a claim. These time periods vary by state, but usually vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to compensation.
The amount victims receive will depend on the asbestos-related illness they have been diagnosed with and how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos victims can also file claims using trust funds that were set up to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases.
wichita falls asbestos lawyer are closed, while some continue to pay significant awards. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that aren't resolved through settlement negotiations, including differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.
In a court of law, plaintiffs need to prove they are entitled to damages, including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma cases, jury verdicts cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in an open courtroom. A qualified lawyer can also help to identify potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially the case when the victim was exposed to more than one type of asbestos and in multiple places. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of products, employers, and locations.
The expense of settling asbestos claims eats up funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries, and they should be compensated more.
In asbestos cases, defendants can contest claims to dismiss them through summary judgment or a finding of no exposure. These motions need an in-depth examination of the evidence as well as an expert's opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming part of the backlog in the courts.