Asbestos Litigation
In the courts across the country, asbestos litigation is a huge issue. Research has proven that asbestos exposure can cause lung damage as well as disease.
An attorney must be able to identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants.
In asbestos cases, there are usually several defendants since there are many mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, wyoming asbestos law firm that 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 product liability law, which is based on state and common laws that allow damages to be sought against sellers of products if those products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the injured party was not adequately warned of the dangers associated with using the products.
Defendants in asbestos cases often claim that they did not do anything recklessly and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. Companies that hid asbestos risks to boost profits were accused of cover-up, and they attempted to suppress claims and prevent workers from claiming financial compensation for their injuries.
If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide how to split the responsibility between them through a process known as the apportionment. The apportionment of liability will not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the costs of medical treatment for their disease and lost wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.
The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.
An asbestos-related lawsuit can be filed by a victim or estate of a person who died from an asbestos-related condition such as mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional stress and loss of enjoyment of life, and pain and suffering. Family members who have survived someone who has passed away due to an asbestos-related illness can also file a wrongful deaths lawsuit.
After an asbestos case has been filed, the two parties share information through the process known as discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the maximum amount of compensation to our clients.
Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.
Settlements
If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. This money is meant to help the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation may cover the suffering and pain.
Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that can come with a trial verdict. It is crucial to select an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. The lawyers can then collect evidence and use it to build a strong mesothelioma case.
During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos companies' negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their employees or the general public.
There are many states that set time limits which are known as statutes of limitation which determine how long an asbestos victim must file a lawsuit. The time frames vary from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to a fair settlement.
The amount of money that victims can receive depends on their asbestos-disease diagnosis the severity of their condition is, as well as other factors. Attorneys take into account the cost of treatment and other costs when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related illnesses.
Some of these trusts have been closed, but others continue to pay substantial payouts. For instance, in 2018 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
Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.
In a court of law, plaintiffs need to prove they are entitled to damages including future and past medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is typically lengthy. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to determine the responsible parties, asbestos cases can be more complicated. This is particularly true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to compile an extensive database of employers products, locations and other information.
There is growing concern that the cost of settling claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.
Defendants can fight to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. However, these motions require an extensive review of evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were insufficient 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.