Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled by courts across the nation. Research has shown that asbestos exposure can cause lung damage and illness.
An attorney must be able to recognize asbestos in every case. This can be accomplished through conversations with coworkers in the office, collecting records, and studying samples from home or workplaces.
Liability
You may be entitled to compensation when you or someone you care about is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.
There are usually many defendants in asbestos cases because there are numerous mining companies that produced asbestos and also the manufacture of 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 in the capacity of an employer could be held accountable for the injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused due to faulty design or mismanufacture and that the injured person was not adequately warned about the risks associated with the products.
Defendants in asbestos cases often argue that they did not do anything negligently and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to different diseases. Companies that concealed asbestos risks to boost profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking an amount of compensation for their injuries.
A judge or jury may decide how to divide the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This process is called apportionment. The apportionment will not affect the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a company that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatment for their illness and the loss of earnings due to the inability to work. Victims can also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a risk and failed to inform consumers and workers of this risk.
An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related condition like mesothelioma. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional stress as well as loss of enjoyment life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related disease can make a claim for wrongful death.
After an asbestos case has been filed, the two parties exchange information through the process of discovery. This process can last for a long time and may include lengthy interviews with coworkers or relatives, abatement employees, and others to identify potential defendants and their asbestos-related products.
It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.
The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation to our clients.
Contact us for a free consultation If you have any concerns about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to begin.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases often settle rather than going to trial because it is less expensive and easier for defendant companies to settle the case in this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into the history of their clients' employment as well as 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 and use it to build an effective mesothelioma suit.
In the course of pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.
Many states have set a limitation, also known as a statute of limitations, to determine how long asbestos victims are allowed to sue. The time frames vary from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their right to be compensated.
The amount of money that patients can receive is contingent on their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other costs when trying to make sure that patients have enough funds to pay for medical expenses. Asbestos victims might also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts have been closed, but others continue paying out substantial prizes. In 2018, a federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, like the different methods of calculating damages and whether the victim's condition was caused by exposures specific to the victim.
In southfield asbestos attorneys of law, plaintiffs need to prove they have a right to damages, including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand the steps to take in the trial process and can explain their rights under the law in a public courtroom. A licensed lawyer can assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to determine the responsible parties involved, asbestos cases are more complicated. This is especially true if the victim was exposed to more than one kind of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an exhaustive list of companies as well as their products and locations.
There is growing concern that the expense of settling claims from asbestos victims in the past can drain funds which could be used to fund future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries, and they deserve more compensation.
In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a determination of no exposure. These motions require an exhaustive examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and avoid the case from becoming part of the backlog in the courts.