Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and cause disease.
It is crucial for attorneys to know how to identify asbestos-related materials in every case. This can be done through talking to co-workers, getting documents, or analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation can pay for lost wages, medical costs and other costs associated with mesothelioma. You can either start a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there are generally multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or acted in an employer capacity could be held accountable for the injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not adequately warned of the risks associated with using the products.
In asbestos cases, defendants usually argue 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 can lead to a range of illnesses. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up in attempting to block claims and by trying to block workers from seeking the financial compensation they deserve for their injuries.
A jury or judge may decide on how to split responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is known as apportionment. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded punitive and compensatory damages.
The lawsuit asserts that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed warn workers and consumers about this risk.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person may bring a lawsuit for personal injury to seek compensation for other and economic damages, such as emotional distress or pain and suffering and loss of enjoyment the life. In addition, the survivor family of someone who died from an asbestos-related disease can bring a wrongful death lawsuit.
Once an asbestos case has been filed and the parties exchange information during a process called discovery. This process can last for a long time and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.
It is important for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain maximum compensation for our clients.
If you have questions about filing an asbestos suit, contact us for a no-cost consultation. We are dedicated 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 from all over the country. Contact us now to begin.
Settlements
If asbestos victims prevail in their cases, they receive compensation for the companies that exposed them to dangerous substances. This money is meant to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.
Asbestos cases usually settle rather than go to trial, as it is less expensive and easier for the defendant company to settle the matter this way. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can gather evidence and use it to construct a mesothelioma case that is strong and successful.
During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies' negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public.
Many states set time limits known as statutes of limitations which determine how long an asbestos victim can bring a lawsuit. The length of time varies by state, but generally vary between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed, the victims will lose their right to receive compensation.
The amount of money victims receive is contingent upon the severity of their illness as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds set up for those diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts are exhausted, but others continue to pay out huge amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help settle issues that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and if the victim's condition resulted from specific exposures.
In a trial plaintiffs must demonstrate that they are entitled to damages, which include future and past medical expenses, lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. oregon asbestos lawyer licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the responsible parties, asbestos cases can be more complicated. This is especially true when a person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers to compile an inventory of employers, products and places.
There is a growing concern the cost of settling claims from past asbestos victims can drain funds that could be used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation.
In asbestos cases, defendants can seek to dismiss claims by summary judgment or a determination of no exposure. These motions need a thorough examination of the evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a burden in the courts.