Asbestos Litigation
In the courts across the nation asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung diseases and damage through research.
It is important for an attorney to know how to recognize asbestos-related products in every case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can cover lost wages medical costs, and other costs related to mesothelioma and other asbestos-related disease. You can either make a claim or offer an offer of settlement to the defendants.
There are typically several defendants in asbestos cases because there are a variety of mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in a position of employer could also be liable for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recovered against 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 due to a flawed or a design defect and that the person injured was not adequately warned about the dangers that could result from using the products.
In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing items are linked to a range of illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by trying to thwart claims and attempting to prevent workers from seeking compensation for their injuries.
If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between them in a process known as apportionment. The apportionment does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company that manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also receive compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence which means that it did not exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about the dangers.
An asbestos-related lawsuit can be filed by a victim, or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person may bring a lawsuit for personal injury to seek compensation for economic and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life. The surviving family members of those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
When an asbestos lawsuit is initiated, the parties share information through the process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to get the most compensation possible for our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. 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 throughout the country. Contact us via phone or email today to start your journey.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases usually settle rather than go to trial because it is easier and cheaper for defendant companies to settle the matter in this manner. Settlements also reduce the negative publicity that comes with a trial verdict. It is important to hire an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.
During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their workers or the general public.
There are many states that set time limits, called statutes of limitations, on how long an asbestos victim must make a claim. These time periods vary from state-to-state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.
The amount of compensation that victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure patients have enough money to cover their medical bills. Asbestos victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts have been closed, but others continue to pay out large prizes. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, such as differences in the method of calculating damages and whether the condition was caused by exposures specific to the victim.
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 as well as discomfort and pain and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial can be long. In the last decade mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the steps to take during the trial procedure and will explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is typically simple to identify the responsible parties. This is especially true when an individual was exposed to more than one type of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers, to compile an inventory of companies, products, and places.
There is jersey city asbestos lawsuit growing concern the expense of settling claims from past asbestos victims can drain funds that could be used to pay for future cases. In addition, some claimants believe that settlements should be basing on actual injuries and should be compensated more.
Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert's assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help speed up the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.