Wesley Knox asked 4 months ago
Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the nation. Asbestos exposure has been proved to cause lung damage and lung disease through research.
It is important for attorneys to know how to spot asbestos products in each case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you may be eligible for compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.
In asbestos cases, there are typically multiple defendants due to the fact that there are a variety of 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. Companies that offered services to asbestos-using mines, manufacturers or acted in a position of employer could be held accountable for the injuries sustained by victims.
Asbestos suits typically fall under products liability laws that are based on common and state laws that allow for damages to be recouped from the seller of a product when they cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not properly warned of the risks associated with using the products.
In asbestos cases, defendants often claim that they didn’t act recklessly and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Companies that concealed asbestos legal-related dangers to increase profits were accused of a cover-up. They tried to thwart claims and stop workers from claiming financial compensation for their injuries.
If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury may determine how to divide the responsibility among them through a process known as the apportionment. The apportionment does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company who manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatments for their illness and lost earnings due to the inability to work. Victims may also receive compensatory and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about this risk.
A victim or the estates of people who have died from asbestos-related illnesses like mesothelioma are able to bring an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life and pain and suffering. Family members who have survived someone who has died from an asbestos-related condition can bring a wrongful death lawsuit.
After an asbestos case is filed, both sides share information in the process of discovery. This may take a few months and may include extensive interviews with co-workers and relatives, abatement workers and others to discover potential defendants and 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 that a plaintiff or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in these cases.
LK’s attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for 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 on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us today to get started.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. This money is meant to help the family of the victim with financial losses resulting from the asbestos exposure. Compensation may cover the pain and suffering.
Asbestos cases are usually settled rather than going to trial. This is due to the fact that it’s more affordable and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that may come with a verdict at trial. It is crucial to find an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on their client’s work history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.
During depositions and discovery prior to trial mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge this information to their workers or the public.
A number of states have imposed a time limit, referred to a statute of limitations for the length of time asbestos victims can bring a lawsuit. The time frames vary from state to state, but generally range from one to two years. If the statute of limitations expires before a suit for mesothelioma is filed, victims will lose the right to compensation.
The amount of compensation victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos victims can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some trusts are exhausted, but others continue to pay out large amounts of money. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the patient’s condition resulted from specific exposures.
In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical expenses and lost wages, damages to property as well as pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma cases, jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is generally easy to identify the responsible parties. 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 family members, abatement workers, relatives and suppliers to compile an exhaustive list of companies, products and Asbestos Case locations.
There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Some claimants also believe that settlements aren’t just based on injuries that actually occurred and therefore deserve more compensation.
Defendants in asbestos cases can argue for dismissal of claims through the process of summary judgment or by a finding of no exposure. These motions need an exhaustive examination of the evidence and an expert’s opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and make sure that it doesn’t be added to the long backlog of cases in the courts.