Asbestos Litigation
In the courts across the country asbestos litigation has been a major problem. Studies have proven that asbestos exposure can cause lung damage and cause disease.
It is essential for attorneys to know how to identify asbestos-related materials in every case. This can be accomplished by talking with co-workers, obtaining records, and studying samples from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition, you may be entitled to compensation. Compensation can cover medical expenses, lost wages as well as other expenses associated with mesothelioma. You can make a claim for compensation or an offer to settle the case with the defendants in the case.
There are usually several defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from sellers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a flawed design, and that the victim was not adequately warned about the risks associated with using the products.
In asbestos cases, defendants usually assert 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 can lead to a myriad of illnesses. In addition, companies who concealed the risks of asbestos to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide on how to divide the blame between them through a process known as apportionment. The apportionment does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that manufactured or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims also may receive compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of the danger.
The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma could make an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life of. The surviving family members of someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
After an asbestos case has been filed, the parties exchange information through the process known as discovery. This may take a few months and could require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is important that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.
LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may cover the pain and suffering.
Asbestos cases often settle rather than going to trial because it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is important to hire a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma lawsuits are 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 the cause of their illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases but did not divulge the information to their employees or to the general public.
A number of states have imposed a time limitation, also known as a statute of limitations, to determine how long asbestos victims are allowed to make a claim. The length of time varies by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to receive compensation.
The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, and other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds for their medical bills. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Some trusts are exhausted, but others still pay huge amounts of money. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, like the various ways to calculate damages and whether the victim's condition resulted from specific exposures.
In a trial the plaintiffs have to prove that they have the right to damages, including past and future medical expenses as well as loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can assist victims understand how to proceed during the trial process and explain their rights under the law in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident cases where it is usually easy to identify the parties responsible. This is especially the case when a person was exposed to more than one kind of asbestos and at multiple locations. pembroke pines asbestos law firm seasoned mesothelioma attorney will interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create a comprehensive database of the companies, products and locations.
There is a growing concern the cost of settling claims from asbestos victims in the past is draining funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't founded on actual injuries and should be compensated more.
In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a conclusion of no exposure. However the motions must be based on a thorough review of the evidence and an expert opinion that the measured doses of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming part of the backlog in the courts.