A significant amount of asbestos litigation has been dealt with in courts across the nation. Research has proven that exposure to asbestos can cause lung damage and disease.
It is important for attorneys to know how to recognize asbestos-related products in every case. This can be accomplished by talking with co-workers, obtaining records, and analysing samples taken from homes or work sites.
If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can assist with the loss of wages medical costs, and other expenses associated with mesothelioma or another asbestos-related disease. You can choose to make a claim or offer a settlement to the defendants.
There are typically many defendants in an asbestos-related case because there are numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos compensation. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos, or acted as employers could be held responsible for the victims’ injuries.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on common and state laws that permit damages to be recouped from sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it’s claimed that the injuries were caused due to a flawed or defective design and that the person who suffered injury was not properly warned of the risks that came with using the products.
In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos compensation-containing items are linked to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found to be liable for the victim’s asbestos-related injuries the judge or jury could decide how to split the blame between them through a process known as apportionment. The apportionment does not affect the amount of compensation that plaintiffs can receive from the defendants.
A lawsuit against a business that produced or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for punitive and compensatory damages.
The lawsuit claims that the defendant acted with negligence, meaning it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the risk.
A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma can make an asbestos lawsuit. An individual can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life, and pain and suffering. Family members of those who have died due to an asbestos-related illness can also file a wrongful deaths lawsuit.
Once an asbestos case is initiated, the parties exchange information in an process known as discovery. This can last several months and may involve extensive interviews with co-workers and relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.
Due to the complicated nature of asbestos litigation it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a victim or their family chooses should comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their experience.
LK’s attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the highest amount of compensation for our clients.
Contact us for a no-obligation consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to begin.
When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also help with pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is due to the fact that it’s less expensive and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that may come with a verdict at trial. It is essential to choose an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of 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 help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies’ negligence. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos attorney manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases however, they did not communicate the information to their employees or the public.
Many states have imposed a time limit, known as a statute of limitations for the length of time asbestos victims can sue. The length of time varies by state, but usually vary between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed the victims will lose their right to receive compensation.
The amount of money victims will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related diseases.
Certain trusts have been depleted but others continue paying out substantial prizes. In 2018, for instance the 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 produced by John Crane Inc.
Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that aren’t resolved through settlement negotiations, such as the various ways to calculate damages and whether the patient’s condition resulted from specific exposures.
In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses, lost wages, property damages, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often lengthy. In the last 10 years mesothelioma jury awards cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges.
A mesothelioma attorney can help patients understand how to proceed during the trial process and asbestos case also explain their rights under the law in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the parties involved, asbestos legal cases can be more complex. This is especially the case when an individual was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.
There is a growing concern the cost of settling claims from past asbestos victims is consuming funds that could be used to fund future cases. Some claimants believe that settlements do not reflect actual injuries and they deserve more compensation.
The defendants can seek to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions, however, require a thorough examination of the evidence as well as an expert’s assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and keep the case from becoming a part of the backlog in the courts.