Asbestos Litigation
In courts all over the country asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage as well as disease.
An attorney should be able to recognize asbestos in each case. This can be done by talking with co-workers or obtaining records, as well as analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness You may be entitled to compensation. Compensation can pay for lost wages, medical costs and other costs related to mesothelioma. You can either start a lawsuit or offer an agreement to the defendants.
There are usually several defendants in asbestos cases due to the numerous mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that used asbestos or who were employers could be held responsible for injuries suffered by victims.
Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a defective design, and the injured party was not properly warned of the dangers associated with using 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 range of illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth by trying to thwart claims and also to prevent workers from seeking compensation for their injuries.
A jury or judge can decide how to divide the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This is known as apportionment. The apportionment does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a company that made or sold asbestos could aid victims in recovering compensation. This includes the expense of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the risk.
An asbestos lawsuit may be filed by a victim, or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional stress as well as loss of enjoyment life and pain and suffering. In addition, the survivors of a family of someone who died from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos-related case is initiated, the parties exchange information through the process of discovery. pennsylvania asbestos attorneys can last for several months and may involve interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.
The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email today to begin.
Settlements
When victims win their asbestos lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is meant to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also cover pain and suffering.
Asbestos cases are typically settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.
During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances, these documents show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related ailments, but didn't disclose this information to their workers or the general public.
A number of states have imposed a time limit, referred to a statute of limitations, for the length of time asbestos victims can bring a lawsuit. The durations vary by state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to compensation.
The amount of compensation that victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts have dwindled, however others continue to pay substantial prizes. For instance, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by an exposure.
In a court of law, plaintiffs will have to prove that they have a right to damages, including past and future medical costs, lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the steps to take through the trial process and also explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also help to identify potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible parties, asbestos cases are more complicated. This is especially true if someone has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to create an inventory of the companies, products, and the locations.
There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds that could be used to fund future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.
Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a finding of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming a burden in the courts.