Asbestos Litigation
A large portion of asbestos cases have been handled in courts across the nation. Asbestos exposure has been shown to cause lung damage and lung disease by research.
An attorney should be able to recognize asbestos in each case. This can be done through conversations with coworkers, obtaining records, and taking samples from homes or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or a settlement offer from the defendants in the case.
There are typically several defendants in asbestos cases because there are a variety of mining companies that produce asbestos and the manufacturers 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 who acted in a position of employer could also be held responsible for injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be awarded 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 by mismanufacture or a flawed design, and that the person injured wasn't adequately warned of the risks that came with using the products.
In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Moreover, companies that hid asbestos's dangers to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the blame between them in a process known as apportionment. The apportionment process does not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable their job. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to inform consumers and workers about the dangers.
An asbestos lawsuit could be filed by a victim or the estate of a person who has died from an asbestos-related illness such as mesothelioma. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life as well as suffering and pain. Additionally, the surviving family members of a deceased person from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos case has been filed, the two parties exchange information via the process known as discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.
It is important that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for clients.
Contact us for a free consultation should you have any questions about filing a lawsuit involving asbestos. We are dedicated 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 across the nation. Contact us now to begin.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. hammond asbestos lawsuit may also cover the pain and suffering.
Asbestos lawsuits are often settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to find mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it to construct an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases but did not inform their employees or the general public.
Many states set time limits known as statutes of limitations, on how long an asbestos victim must make a claim. These deadlines vary between states, but are typically between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victim will lose their right to receive compensation.
The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis, how severe their condition is and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough money to pay for their medical expenses. Asbestos victims may also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have dwindled, however others continue to pay substantial awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.
In a court trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses such as lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than litigation involving car accidents, where it is usually easy to identify responsible parties. This is especially true when the victim was exposed to more than one type of asbestos in multiple locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers and relatives, abatement workers and suppliers to create a detailed database of the companies as well as their products and locations.
The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Additionally, some claimants believe that settlements are not basing on actual injuries and should be compensated more.
Plaintiffs in asbestos cases can contest claims to dismiss them through the process of summary judgment or by a finding of no exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a burden in the courts.