Dawna Beich asked 6 months ago
Asbestos Litigation
In courts all over the nation, asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung diseases and damage through research.
It is essential that attorneys know how to identify asbestos products in each case. This can be accomplished through conversations with coworkers, obtaining records, and taking samples from homes or work sites.
Liability
You may be entitled to compensation If you or someone you love has been diagnosed with a condition related to asbestos. Compensation can help with lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related illness. You can choose to bring a lawsuit, or offer a settlement to the defendants.
In asbestos cases, there are usually multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who acted as employers could be held accountable for injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on common and state laws that permit damages to be sought against producers of products if those products cause injury to. In a product liability suit where the injuries were caused due to an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with products.
The defendants in asbestos cases typically argue that they didn’t act in a negligent manner and that their products are safe, even though doctors have long recognized asbestos-containing products can cause different diseases. In addition, companies who concealed asbestos’s dangers in order to increase profits have been accused of engaging in a cover-up by trying to thwart claims and trying to prevent workers from seeking financial compensation for their injuries.
A judge or jury can decide how to divide the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment of liability will not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company that produced or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about the dangers.
The estates or victims of people who have died from asbestos-related diseases like mesothelioma are able to bring an asbestos lawsuit. A person can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional distress and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivors of a family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.
After an asbestos case has been filed, the two parties exchange information via the process of discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.
It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for our clients.
Contact us for a free consultation if you have any questions about bringing a lawsuit against asbestos. 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 nation. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the cost of suffering and pain.
Asbestos cases are often 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 help avoid the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are complicated, and attorneys must conduct extensive research into their clients’ medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and Mesothelioma Attorney discovery. Evidence typically comes in the form internal memos, mesothelioma attorney corporate documentation and the testimony of former employees who worked with asbestos-containing material. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related ailments, but did not disclose the information to their employees or to the public.
Many states set time limits known as statutes of limitations that define how long an asbestos victim can make a claim. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their right to compensation.
The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients have enough money to cover their medical bills. Asbestos victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma or other asbestos-related illnesses.
Some trusts are depleted, but others continue to pay out huge amounts of money. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren’t possible to resolve 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 trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last decade, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma attorney can help victims understand what to do during the trial process and explain their legal rights in a public courtroom. A licensed lawyer can assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties, asbestos cases can be more complex. This is especially the case when a person was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an exhaustive database of employers, products and locations.
The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Some claimants believe that settlements don’t accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Defendants in asbestos cases can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. However, these motions require an extensive review of evidence and an expert’s view that the doses of asbestos that plaintiffs received did not cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help speed up the process and make sure that it doesn’t become part of the lengthy backlog of cases in courts.