Asbestos Litigation
A substantial amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
An attorney must be able recognize asbestos in each case. This can be done through talking to colleagues, collecting documents, or analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can make a claim or offer an offer of settlement to the defendants.
There are usually multiple defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be held responsible for injuries sustained by victims.
Asbestos suits are typically governed by products liability laws that are based upon common and state laws which permit damages to be recouped from sellers of goods when those products cause injury. In a product liability suit it is claimed that injuries occurred due to defective design or manufacturing and that the person injured was not adequately informed about the dangers associated with products.
In asbestos cases, defendants typically assert that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a wide range of ailments. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by trying to thwart claims and trying to block workers from seeking financial compensation for their injuries.
If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury could decide on how to divide the blame between them in a process called allocation. The apportionment will not alter the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment for their illness and lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit claims that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.
An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related illness such as mesothelioma. A person can start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional anxiety and suffering, loss of enjoyment life and pain and suffering. In pasadena asbestos attorney , the survivors of a family of someone who died from an asbestos-related disease may file a wrongful death lawsuit.
After an asbestos case is filed, the two parties share 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.
Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer to handle their case. The law firm a victim or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and 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 secure the maximum amount of compensation for our clients.
Contact us for a free consultation if you have any questions regarding filing a lawsuit against 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 from all over the nation. Contact us via email or phone now to get started.
Settlements
When victims win their asbestos lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can help cover pain and suffering.
Asbestos cases usually settle instead of going to trial because it is easier and cheaper for defendant companies to settle the case this way. Settlements also help avoid negative publicity that could be associated from a trial verdict. It is important to hire mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research on their client's employment history, medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it to build a mesothelioma case that is strong and successful.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing materials. In many cases documents, they show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their workers or the public.
There are many states that set time limits also known as statutes or limitations, on how long an asbestos victim must start a lawsuit. The length of time varies from state to state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.
The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other aspects. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough money to pay their medical bills. Asbestos sufferers can also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts have been wiped out, but others continue to pay substantial prizes. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and if the victim's condition was caused by exposures specific to the victim.
In a court of law, plaintiffs be required to prove that they are entitled to damages, including past and future medical expenses and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma cases, jury verdicts cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to determine the responsible parties, asbestos cases can be more complicated. This is especially true if someone was exposed more than one type of asbestos in multiple locations. A seasoned mesothelioma attorney will interview witnesses like coworkers, relatives, abatement workers and suppliers to create a detailed list of companies, products and locations.
There is a growing concern the expense of settling claims of asbestos victims from the past is consuming funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't just based on injuries that actually occurred and deserve more in compensation.
The defendants can seek to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. These motions require a thorough examination of the evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming a part of the backlog in the courts.