Asbestos Litigation
In the courts across the country asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung damage and lung disease through research.
An attorney should be able to recognize asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation may help pay for lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related disease. You can choose to file a lawsuit or offer an offer of settlement to the defendants.
There are usually several defendants in a case involving asbestos due to the numerous mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers who used asbestos or who were employers could be held responsible for the victims' injuries.
Asbestos suits typically fall under product liability laws that are based on state and common laws that allow for damages to be recovered from the seller of a product when they cause injury. In a lawsuit involving product liability it is claimed that the injuries occurred due to faulty design or mismanufacture and that the victim wasn't adequately warned about the dangers associated with the products.
In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products are linked to a range of illnesses. Companies that concealed asbestos risks to boost profits were accused of cover-up as they sought to thwart claims and stop workers from seeking an amount of compensation for their injuries.
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 process is known as allocation. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their illness and the loss of wages because of being unable to work. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently which means that it did not take reasonable precautions to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk.
A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could start an asbestos lawsuit. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos-related case has been filed, the two sides share information through the process known as discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.
It is important for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that the victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.
LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our skill in obtaining maximum compensation for clients.
Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. mount pleasant asbestos attorneys are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.
Settlements
When asbestos victims win their cases, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover pain and suffering.
Asbestos cases are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that may come when a verdict is handed down. It is important to hire an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's employment history, medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. The lawyers can then collect evidence to use in an effective mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.
A number of states have time limits, called statutes of limitations on the time asbestos victims have to bring a lawsuit. The length of time varies from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to a fair settlement.
The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive, how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough money to cover their medical bills. Asbestos victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments.
Certain trusts are exhausted, but others continue to pay out huge amounts of money. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, such as the various ways to calculate damages and if the victim's condition was caused by a specific exposure.
In a court of law, plaintiffs will be required to prove that they are entitled damages, including future and past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand how to proceed through the trial process and can explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is typically easy to identify responsible parties. This is particularly true when an individual was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers, to create an inventory of employers, products and the locations.
There is growing concern that the cost of resolving claims from asbestos victims in the past can drain funds that could be used to fund future cases. Some claimants also believe that settlements do not reflect the actual damage and that they are entitled to a higher amount of compensation.
Defense attorneys can argue to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a burden in the courts.