Asbestos Litigation
In courts all over the country asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.
It is essential for an attorney to understand how to recognize asbestos-related products in each case. This can be accomplished by talking with co-workers in the office, collecting records, and analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can be used to pay for medical expenses, lost wages and other costs associated with mesothelioma. You can make a claim for compensation or make an offer of settlement from the defendants in the case.
There are usually many defendants in a case involving asbestos because there are a variety of mining companies that made asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted as employers may also be accountable for injuries sustained by victims.
Asbestos suits often fall under product liability laws that are based upon the common law and state laws that permit damages to be recovered from sellers of products when the products cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or defective design and that the person injured wasn't adequately warned of the dangers associated with using the products.
In asbestos cases, defendants usually assert 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 items are linked to a variety of diseases. Companies that concealed asbestos risks to increase profits were accused of cover-up as they sought to deny claims and block workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge may determine how to divide the burden of responsibility among them through a process known as apportionment. The apportionment doesn't affect the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded punitive and compensatory damages.
gulfport asbestos attorney acted negligently, 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 that asbestos was dangerous and failed to warn workers and consumers of the danger.
A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma can start an asbestos lawsuit. A person may start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages including emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the survivors of a family members of a deceased person due to an asbestos-related illness may bring a wrongful death lawsuit.
Once an asbestos-related case has been initiated, the parties exchange information in the process of discovery. This process can take several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
It is crucial that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us by phone or email today to start your journey.
Settlements
If asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover the cost of suffering and pain.
Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can gather evidence and use it in the preparation of an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances these documents, it is clear that asbestos producers knew about the risks of mesothelioma and other asbestos-related ailments, but did not disclose this information to their employees or to the general public.
A number of states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos-related victims can bring a lawsuit. These time periods vary by state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to compensation.
The amount victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds established for patients diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts have dwindled, however others continue to pay substantial awards. In 2018 the United States court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition was caused by a specific exposure.
In a court of law, plaintiffs will need to prove they are entitled to damages, including future and past medical expenses as well as lost wages, damage to property, pain and discomfort, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have risen significantly and have far outstripped the amount given to settlement cases by judges.
An attorney for mesothelioma can help victims understand the trial process and explain their legal rights in a courtroom open to the public. An experienced attorney can help to identify potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties, asbestos cases can be more complex. This is especially true when the victim was exposed to more than one kind of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create a detailed list of companies products, locations and other information.
The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. In addition, some claimants believe that settlements are not founded on actual injuries and deserve more in compensation.
The defendants can seek to dismiss asbestos claims with summary judgment or a finding that there was no exposure. These motions, however, require a thorough examination of the evidence and an expert's opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma attorney can help accelerate the case and ensure that it does not become part of the long queue of cases that are awaiting the courts.