Asbestos Litigation
A large portion of asbestos litigation has been dealt with in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able to identify asbestos in each case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness, you may be eligible for compensation. Compensation can assist with the loss of wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related illness. You can either start a lawsuit or offer a settlement to the defendants.
There are typically multiple defendants in asbestos cases because there are numerous mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in an employer capacity could also be held responsible for the injuries of victims.
Asbestos suits typically fall under the law of product liability which are based on the common law and state laws which permit damages to be recovered from sellers of goods when those products cause injury. In a lawsuit involving product liability it is claimed that the injuries were caused due to faulty design or mismanufacture and that the person injured wasn't adequately warned about the dangers associated with the products.
In asbestos cases, defendants often argue that they did not act in a negligent way and that their products are safe, even though doctors have long acknowledged that asbestos-containing products is linked to different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth in attempting to block claims and by trying to prevent workers from seeking financial compensation for injuries they sustained.
A jury or judge may decide on how to split the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment will not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that produced or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their disease as well as the loss of wages because of being unable to work. Victims may also be eligible for punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about the dangers.
A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma could start an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and suffering, loss of enjoyment life and suffering and pain. Additionally, the surviving family of someone who died from an asbestos-related disease may make a claim for wrongful death.
When an asbestos lawsuit is initiated, the parties exchange information through an process known as discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.
It is important that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should have an understanding of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for clients.
Contact us today for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us via email or phone today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the cost of suffering and pain.
Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. palatine asbestos law firm reduce the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are complex and require attorneys to conduct thorough research on their client's past work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers are able to gather evidence and use it to create a solid mesothelioma lawsuit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their workers or the general public.
A number of states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos-related victims can bring a lawsuit. These time periods vary by state, but they typically 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 a fair settlement.
The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive the severity of their condition is and other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos sufferers can also file claims with trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.
Some of these trusts have dwindled, however others continue paying out substantial payouts. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages, and the extent to which a person's condition is due to a specific exposure.
In a court trial, plaintiffs must show that they have the right to compensation, such as future and past medical expenses as well as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the last 10 years, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand the process of trial, and can explain their legal rights in an open courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is often easy to identify the responsible parties. This is especially true when someone 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 detailed database of employers, products and locations.
There is a growing concern that the cost of settling claims of asbestos victims who have been in the past can drain funds that could be used to pay for future cases. Some claimants also believe that settlements aren't basing on actual injuries and should be compensated more.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions need an exhaustive examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer could help to accelerate the process and make sure that it doesn't become part of the lengthy backlog of cases in courts.