Asbestos Litigation
A significant amount of asbestos litigation has been dealt with in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
It is important for an attorney to know how to identify asbestos-related materials in every case. This can be done by speaking to colleagues, obtaining reports, or looking at samples from homes or workplaces.
Liability
You could be eligible for compensation when you or someone you love is diagnosed with a condition related to asbestos. Compensation can cover medical expenses, lost wages and other expenses related to mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.
There are usually many defendants in an asbestos case because there are many mining companies that made asbestos and manufacturers of the 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 could also be held responsible for the injuries of victims.
Asbestos suits typically fall under the law of product liability that are based upon the laws of the state and common law that permit damages to be recovered from sellers of products when the products cause injury. In a product liability suit, it is alleged the injuries resulted from faulty design or mismanufacture and that the victim was not adequately warned of the risks associated with the products.
In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth by trying to thwart claims and attempting to stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the burden of responsibility among them through a process known as the apportionment. The apportionment does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims can also receive compensation and punitive damages.
The lawsuit alleges the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.
An asbestos-related lawsuit can be filed by a victim, or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. A person may start a lawsuit claiming personal injury to seek compensation for economic and other damages including emotional distress or pain and suffering and loss of enjoyment the life of. In addition, the surviving family members of a deceased person due to an asbestos-related illness may pursue a wrongful-death lawsuit.
After loveland asbestos attorney is filed, both sides share information in the process known as discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.
Due to the complexity of asbestos litigation, it is crucial that plaintiffs hire an experienced lawyer to handle their case. 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 also be acknowledged by insurance companies and defendants for their expertise.
The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients.
Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.
Settlements
When asbestos victims win their cases, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can also cover the cost of suffering and pain.
Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for defendants to settle the matter this way. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause for their condition. Lawyers can then collect evidence and use it to create a solid mesothelioma lawsuit.
In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their employees or to the general public.
Many states set time limits which are known as statutes of limitation, on how long an asbestos victim has to file a lawsuit. These time periods vary by state, but typically range from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to compensation.
The amount of compensation victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma as well as other asbestos-related diseases.
Certain trusts are closed, while others still pay substantial awards. For instance, in the year 2018 a 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 victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition was caused by exposures specific to the victim.
In a court of law, plaintiffs will need to prove they have a right to damages, including past and future medical costs as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma jury awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand how to proceed during the trial process and explain their legal rights in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible parties, asbestos cases can be more complicated. This is particularly true when someone was exposed more than one kind of asbestos in multiple locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile a comprehensive database of employers as well as the locations of their products and.
The expense of settling asbestos claims eats away funds which could have been used to fund future cases. Some claimants also believe that settlements should be basing on actual injuries and deserve more in compensation.
The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions need an in-depth examination of the evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming a backlog in the courts.