Asbestos Litigation
In courts all over the nation, asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and disease.
It is crucial for attorneys to know how to identify asbestos-related materials in each case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation can cover lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related illness. You can either file a lawsuit or offer an offer of settlement to the defendants.
There are typically multiple defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for the victims' injuries.
Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that permit damages to be recouped from producers of products if those products cause injury to. In a product liability lawsuit it is claimed that injuries occurred due to faulty design or mismanufacture and that the injured person was not adequately warned of the dangers of the products.
In asbestos cases, defendants often claim that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause various diseases. Companies that concealed asbestos risks to make profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming an amount of compensation for their injuries.
If more than one defendant is found to be liable for a victim's asbestos-related injuries the judge or jury could decide how to split the burden of responsibility among them in a process called apportionment. The apportionment process does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims also may receive compensatory and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about the risk.
An asbestos lawsuit may be filed by a victim or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life as well as pain and suffering. In addition, the survivor family members of someone who passed away from an asbestos-related illness can pursue a wrongful-death lawsuit.
When an asbestos-related case is filed and the parties communicate information through a process called discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.
buffalo asbestos attorney to the complexity of asbestos litigation, it is essential that plaintiffs get an experienced lawyer handle their case. The law firm that the victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known as a firm that can secure maximum compensation for our clients.
Contact us for a free consultation should you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us via phone or email today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to compensate the victim as well as his or her family members for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.
Asbestos cases are typically settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma cases are complicated and lawyers must do extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it to construct a strong mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. Evidence typically is found in internal memos, corporate documents and testimony of former employees who been exposed to asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their workers or the public.
Many states have imposed a time limit, known as a statute of limitations, on how long asbestos victims can bring a lawsuit. These deadlines vary from state to state, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma is filed the victim will lose their right to receive compensation.
The amount of money victims will receive is based on the severity of their illness, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough money for their medical bills. Asbestos-related victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts have been depleted but others continue paying out substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.
In a court of law, plaintiffs have to prove that they are entitled to damages, including past and future medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually lengthy. In the last 10 years mesothelioma cases, jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma attorney can help victims understand the trial process and explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases are more complicated. This is especially true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and asbestos workers, to build a database of the companies, products and places.
There is a growing concern that the expense of settling claims from past asbestos victims is consuming funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they should be compensated more.
The defendants in asbestos cases may seek to dismiss claims by summary judgment or a determination of no exposure. However they must be able to provide a thorough review of the evidence and an expert opinion that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming a part of the backlog in the courts.