Asbestos Litigation
In the courts across the nation asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage and illness.
An attorney should be able to identify asbestos in every case. This can be done through conversations with coworkers or obtaining records, as well as studying samples from home or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation may help pay for lost wages medical expenses, as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer to settle the case with the defendants in the case.
There are typically multiple defendants in an asbestos-related case because there are numerous mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or who were employers could be held responsible for injuries sustained by victims.
Asbestos suits often fall under product liability laws, which are based on state and common laws that allow for damages to be recovered from the sellers of products if those products cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants frequently 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 have been linked to a wide range of ailments. Companies that concealed asbestos-related risks to boost profits were accused of cover-up as they sought to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.
If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between them in a process known as allocation. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted negligently which means that it did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about this risk.
An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related condition like mesothelioma. An individual can start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional anxiety and loss of enjoyment of life and pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.
Once an asbestos-related case is initiated, the parties share information through the process known as discovery. It can take several months and could require extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify potential defendants and asbestos-related products.
It is crucial for plaintiffs to choose an experienced attorney handling their case due to 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 lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to secure maximum compensation for our clients.
Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the country. Contact fort worth asbestos attorney to get started.
Settlements
If asbestos victims win their cases, they receive compensation for the companies that exposed them substances. This money is meant to help the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that is associated with a verdict at trial. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's past work history, medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases, but did not divulge this information to their employees or to the public.
A number of states have set a limit, known as a statute of limitations, for how long asbestos-related victims can sue. The length of time varies from state-to-state, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed the victims will lose their right to compensation.
The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is, and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical expenses. Asbestos-related victims can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.
Certain trusts have been wiped out, but others continue to award substantial payouts. For instance, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by a particular exposure.
In a trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is often long. In the last 10 years mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the parties involved, asbestos cases are more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers to compile an inventory of the companies, products, and the locations.
The expense of settling asbestos claims eats up funds that could be used to pay future cases. In addition, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and an expert's view that the doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming a part of the backlog in the courts.