Asbestos Litigation
A substantial amount of asbestos cases have been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and illness.
It is essential for attorneys to know how to spot asbestos products in every case. This can be accomplished through conversations with coworkers collecting records, or analyzing samples from homes or work sites.
Liability
If you or a loved one is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can help with lost wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You can either start a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there are usually multiple defendants as there are numerous mining companies that produce 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, manufacturers or in the capacity of an employer could be held accountable 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 permit damages to be recovered against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the person injured wasn't adequately warned of the risks associated with using the products.
In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing items are linked to a variety of diseases. Companies that concealed asbestos risks to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.
A jury or judge may decide how to allocate the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This is known as the apportionment. The apportionment will not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.
A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional stress and suffering, loss of enjoyment life as well as suffering and pain. In addition, the surviving family of someone who died due to an asbestos-related illness may file a wrongful death lawsuit.
When an asbestos lawsuit has been filed, the two sides exchange information through a process called discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.
It is important that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm the victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure the highest amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to get started.
Settlements
If asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. This money is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.
Asbestos cases are often settled rather than go to trial because it is less expensive and easier for defendant companies to resolve the matter this way. Settlements also help avoid negative publicity that may come when a verdict is handed down. It is crucial to find mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are 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 help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence to use in an effective mesothelioma case.
During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their employees or to the general public.
Many states set time limits which are known as statutes of limitation on the time an asbestos victim has to make a claim. The time frames vary between states, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to be compensated.
new mexico asbestos attorney of money that victims receive will depend on the diagnosis of their asbestos-related disease as well as how serious their condition is, and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical bills. Asbestos victims might also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been closed, but others continue to pay substantial prizes. In 2018, for instance, a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.
In a court trial plaintiffs must demonstrate that they have the right to damages, which include past and future medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years mesothelioma jury awards cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation where it is often easy to identify the parties responsible. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile a comprehensive database of the companies, products and locations.
The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to more compensation.
Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a finding of no exposure. However these motions require an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can assist to accelerate the process and ensure that it doesn't be added to the long backlog of cases in the courts.