Asbestos Litigation
A large amount of asbestos-related litigation has been handled by courts across the nation. Research has shown that asbestos exposure can cause lung damage as well as disease.
It is vital for attorneys to know how to recognize asbestos-related products in every case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation can cover medical expenses, lost wages and other costs associated with mesothelioma. You can file a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that used asbestos or acted as employers could be held liable for injuries suffered by victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on common and state laws that allow damages to be sought against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the injured party was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a variety of diseases. Companies that hid asbestos risks to boost profits were accused of cover-up. They tried to thwart claims and stop workers from claiming financial compensation for their injuries.
A jury or judge may decide how to distribute the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is called apportionment. The apportionment will not alter the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that made or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages as a result 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 did not take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.
The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma could start an asbestos lawsuit. A person can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress, loss of enjoyment of life and suffering and pain. Family members who are survivors of someone who has passed away due to an asbestos-related illness may also bring a wrongful death lawsuit.
When an asbestos-related case is filed, both sides share information in the process of discovery. This can last several months and may involve extensive interviews with colleagues, relatives, abatement workers and others to determine possible defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for clients.
Contact us for a no-obligation consultation should you have any questions about bringing 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 throughout the United States. Contact us via email or phone today to start your journey.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also cover suffering and pain.
Asbestos cases tend to settle rather than go to trial, because it is more cost-effective and easier for the defendant company to settle the matter in this manner. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the illness. Lawyers can then collect evidence and use it in the preparation of a strong mesothelioma lawsuit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documents and testimony from former employees who have been exposed to asbestos-containing materials. In colorado asbestos attorney , it is clear that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases but didn't disclose the information to their employees or the public.
A number of states have set a limit, also known as a statute of limitations, on how long asbestos-related victims can make a claim. The length of time varies by state, but they typically vary between one and two years. If the statute of limitation expires before a case for mesothelioma is filed the victims will lose their right to compensation.
The amount of compensation victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.
Certain trusts have dwindled, however others continue to pay substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.
In a court trial the plaintiffs have to prove that they have the right to damages, including future and past medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can help victims understand the trial process and explain their legal right in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when an individual was exposed to more than one kind of asbestos in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a comprehensive database of the companies as well as their products and locations.
There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds that could be used to fund future cases. Many claimants also believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.
Defense attorneys can argue to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However they must be able to provide an extensive review of evidence and an expert opinion that the doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma attorney can help accelerate the process and make sure that it doesn't become part of the lengthy backlog of cases in courts.