Asbestos Litigation
In the courts across the nation, asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung diseases and damage by research.
An attorney must be able to identify asbestos in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as analysing samples taken from homes or work sites.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You can either file a lawsuit or offer a settlement to the defendants.
There are typically many defendants in asbestos cases because there are many mining companies that produce asbestos as well as manufacturers of 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 who used asbestos or acted as employers could be held accountable for the victims' injuries.
Asbestos suits typically fall under products liability laws that are based on common and state laws which allow damages to be recouped from the seller of a product when those products cause injuries. In a lawsuit involving product liability it is claimed that the injuries occurred due to the design defect or manufacturing error and that the person injured was not adequately warned of the dangers of the products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a myriad of illnesses. In addition, companies who concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to block workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between them in a process known as the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can aid victims in recovering compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed warn workers and consumers about the dangers.
An asbestos lawsuit can be filed by a victim, or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person may start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes, such as emotional distress or pain and suffering and loss of enjoyment the life of. Family members who are survivors of someone who has passed away due to an asbestos-related condition can file a wrongful deaths lawsuit.
Once an asbestos case is initiated, the parties share information through the process known as discovery. It can take several months and could require extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.
LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact miramar asbestos attorney via email or phone now to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases usually settle instead of going to trial, as it is easier and cheaper for defendants to settle the case in this way. Settlements can also avoid the negative publicity that is associated with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into their client's employment history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can gather evidence and use it to build a mesothelioma case that is strong and successful.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their workers or to the general public.
Many states have set a time limit, known as a statute of limitations, for the length of time asbestos victims can file a lawsuit. The durations vary by state, but usually range from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.
The amount patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical bills. Asbestos-related victims can also file claims with trust funds which were created in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts have been depleted but others continue to award substantial prizes. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the condition was caused by exposures specific to the victim.
In a court of law, plaintiffs need to prove they are entitled to damages including future and past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial can be lengthy. In the last decade mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the individuals involved, asbestos litigation can be more complex. This is particularly true when an individual has been exposed to asbestos in more than one place and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of products, employers, and locations.
The cost of resolving asbestos claims eats away funds that could have been used to fund future cases. Some claimants also believe that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.
Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer could help to accelerate the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.