Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease by research.
It is essential that attorneys know how to identify asbestos products in each case. This can be accomplished by chatting with colleagues in the office, collecting records, and analyzing samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can assist with the loss of wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can either file a lawsuit or offer a settlement to the defendants.
There are usually many defendants in a case involving asbestos due to the numerous mining companies that made asbestos and also the manufacture of products that contained asbestos. palm coast asbestos attorneys may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted as employers could be held accountable for injuries sustained by victims.
Asbestos lawsuits typically fall into the legal category of product liability law, which is founded on state and common laws that allow damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the person injured was not adequately warned of the dangers associated with 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 items are linked to a myriad of illnesses. Companies that concealed asbestos dangers to increase profits were accused of a cover-up as they sought to deny claims and block 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 jury or judge could decide how to split the responsibility among them in a process known as apportionment. The apportionment does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company which manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about this risk.
An asbestos lawsuit could be filed by a victim or estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional anxiety and suffering, loss of enjoyment life as well as suffering and pain. Family members who have survived those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.
When an asbestos lawsuit has been initiated, the parties share information through a process called discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.
Due to the complexity of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handling their case. The law firm that a plaintiff or their family selects should be aware of the complexities unique to asbestos litigation and should be recognized by insurers 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 renowned for our ability to get the maximum amount of compensation to our clients.
Contact us for a complimentary consultation If you have any concerns regarding filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to start your journey.
Settlements
If asbestos victims prevail in their cases, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with suffering and pain.
Asbestos cases usually settle rather than going to trial because it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into their clients' medical records, work history, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it in an effective mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. Evidence typically comes from internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing material. In many instances documents, they show that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases, but did not disclose the information to their employees or the general public.
Many states set time limitations also known as statutes or limitations on the time an asbestos victim can file a lawsuit. The time frames vary from state to state, but usually range from one to two years. If the statute of limitation expires before a case for mesothelioma is filed victims will lose their right to receive compensation.
The amount of compensation that victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims can 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 illnesses.
Certain trusts are depleted, but others continue to pay out significant awards. For example, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that are not resolved through settlement negotiations, such as the different methods of calculating damages and whether the condition was caused by a specific exposure.
In a court of law, plaintiffs will be required to prove that they are entitled to damages, including future and past medical expenses loss of wages, damages to property, pain and discomfort, 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 cases, jury verdicts cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand what to do during the trial process and can explain their legal rights in a courtroom with an open door. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is typically easy to identify the parties responsible. This is particularly true when the person has been exposed to asbestos in more than one place and at different dates. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create a comprehensive list of companies products, locations and other information.
The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. Some claimants believe that settlements do not reflect actual injuries, and they are entitled to more compensation.
Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't be added to the long backlog of cases in the courts.