Asbestos Litigation
In courts all over the country asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung damage and lung disease through research.
It is important for an attorney to know how to recognize asbestos-related products in each case. This can be done by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you love is diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or an offer of settlement to the defendants in the case.
In asbestos cases, there are typically multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos or who were employers could be held liable 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 allow damages to be sought against the sellers of products when those 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 victim was not adequately warned about the risks that came with using the products.
In asbestos cases, defendants usually argue 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 are linked to a myriad of illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up by trying to thwart claims and attempting to block workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for the victim's asbestos-related injuries the judge or jury could decide on how to divide the blame between them in a process called allocation. The apportionment of liability will not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensation and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.
An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person may bring a lawsuit for personal injury to claim compensation for damages arising from economic or other causes including emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease may pursue a wrongful-death lawsuit.
Once an asbestos-related case is filed, the parties exchange information via the process known as discovery. This can last several months and could require lengthy interviews with coworkers or relatives, abatement employees and others to determine potential defendants as well as their asbestos-related products.
Due to the complexity of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to secure maximum compensation for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us today to begin.
Settlements
When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation may also cover pain and suffering.
Asbestos cases often settle instead of going to trial because it is easier and cheaper for defendant companies to resolve the case this way. Settlements also reduce the negative publicity that may come when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's work history, medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases however, they did not communicate the information to their employees or the general public.
A number of states have set a time limit, also known as a statute of limitations, to determine the length of time asbestos victims can file a lawsuit. These time periods vary by state, but usually vary from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.
hoover asbestos attorney can receive depends on their asbestos-disease diagnosis, how severe their condition is, as well as other aspects. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos victims may also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been closed, while others continue to award significant awards. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.
In a court of law, plaintiffs will have to prove that they are entitled damages, including future and past medical expenses loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma juries' awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to identify the responsible parties involved, asbestos cases can be more complicated. This is particularly true when the victim was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and asbestos workers, to build an inventory of companies, products and the locations.
There is a growing concern that the expense of settling claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. In addition, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation.
Plaintiffs can challenge dismissal of asbestos claims using summary judgment or a finding that there was no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.