Asbestos Litigation
A large amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease by research.
An attorney must be able to identify asbestos in every case. This can be accomplished by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites.
Liability
You may be entitled to compensation when you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.
There are typically several defendants in an asbestos case because there are numerous mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for the victims' injuries.
Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that allow damages to be recouped from producers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the dangers that could result from using the products.
In asbestos cases, defendants frequently claim 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 myriad of illnesses. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of covering up the issue in attempting to block claims and also to block workers from seeking financial compensation for their injuries.
A judge or jury may decide on how to split the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment doesn't alter the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit against a business that produced or sold asbestos can help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently which means that it did not use reasonable care to ensure the product was safe for its intended use. baldwin park asbestos attorneys is also claimed that the defendant knew asbestos was a danger and did not inform consumers and workers of this risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can file an asbestos lawsuit. A person may make a claim for personal injury to seek compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of a person who died from an asbestos-related disease may make a claim for wrongful death.
After an asbestos case is filed, the parties exchange information through a process called discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.
It is important for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm the victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for our clients.
Contact us today for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us today to begin.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.
Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for defendant companies to settle the case in this way. Settlements also prevent negative publicity that comes when a verdict is handed down. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it in an effective mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public.
There are many states that set time limits which are known as statutes of limitation which determine how long asbestos victims have to bring a lawsuit. The time frames vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to a fair settlement.
The amount of compensation a victim receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts have been closed, while others continue to award huge amounts of money. For instance, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim's condition is caused by an exposure.
In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can take a long time. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident cases where it is often easy to identify the responsible parties. This is especially true if a person was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma attorney can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create an extensive list of companies, products and locations.
The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and should be compensated more.
Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However, these motions require an in-depth review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and keep the case from becoming a backlog in the courts.