Asbestos Litigation
A substantial amount of asbestos litigation has been handled by courts across the nation. Studies have proven that exposure to asbestos can cause lung damage as well as disease.
An attorney must be able to identify asbestos in each case. This can be accomplished by speaking with colleagues, obtaining records, and analysing samples taken from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation may cover medical expenses, lost wages as well as other expenses associated with mesothelioma. You can choose to make a claim or offer an offer of settlement to the defendants.
In asbestos cases, there are typically several defendants since there are a variety of mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or as employers may also be accountable for injuries suffered by victims.
Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that permit damages to be sought against producers of products if those products cause injury to. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the person who suffered injury was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a range of illnesses. Additionally, companies that concealed asbestos's risks to boost profits have been accused of concealing the truth by trying to thwart claims and attempting to stop workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide on how to divide the blame between them through a process known as the apportionment. The apportionment process does not affect the amount of compensation that plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently which means that it did not use reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos was a risk and failed to provide warnings to consumers and workers about this risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma can bring an asbestos lawsuit. A person may bring a lawsuit for personal injury in order to obtain compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment of the life. tacoma asbestos attorney who have survived someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit.
Once an asbestos case has been filed and the parties exchange information in a process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.
Due to the complexity of asbestos litigation, it is essential that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family selects should be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.
The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation to our clients.
Contact us for a complimentary consultation for any questions about filing a lawsuit involving asbestos. 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 across the nation. Contact us today to begin.
Settlements
When asbestos victims win their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is meant to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can be used to cover pain and suffering.
Asbestos lawsuits 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 in this manner. Settlements also avoid negative publicity that comes when a verdict is handed down. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence to use in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. Evidence usually comes in the form internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos producers knew about the dangers of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their employees or to the public.
Many states set time limitations, called statutes of limitations which determine how long an asbestos victim must make a claim. These time periods vary between states, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed victims will lose their right to receive compensation.
The amount of money that victims receive will depend on the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure patients have enough money to cover their medical expenses. Asbestos victims might also be able to claim through trust funds created to help those diagnosed with mesothelioma, asbestos-related diseases.
Certain trusts are depleted, but others continue to award substantial awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by a particular exposure.
In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually long. In the last decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount given to settlement cases by judges.
A mesothelioma attorney can help patients understand how to proceed in the trial procedure and will explain their rights under the law in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially true if a person was exposed to more than one kind of asbestos and at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create an inventory of employers, products, and places.
There is growing concern that the cost of settling claims from asbestos victims in the past is draining funds that could be used to pay for future cases. In addition, some claimants think that settlements aren't based on actual injuries and deserve more in compensation.
Plaintiffs in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can assist to speed up the process and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.