Asbestos Litigation
In courts all over the nation asbestos litigation is a huge issue. Research has proved that asbestos exposure can cause lung damage and cause disease.
An attorney must be able to recognize asbestos in each case. This can be done by talking with co-workers, obtaining records, and taking samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation may help pay for lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related illness. You can either start a lawsuit or offer a settlement to the defendants.
There are usually several defendants in an asbestos-related case because there are many mining companies that made asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be liable for injuries sustained by victims.
Asbestos lawsuits are often categorized under the law of product liability which are based on common and state laws that allow for damages to be recovered from sellers of products when they cause injuries. In a product liability lawsuit where the injuries resulted from the design defect or manufacturing error and that the person injured wasn't adequately warned about the dangers of the products.
Defendants in asbestos cases often claim that they did not behave in a negligent manner and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can cause various diseases. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of concealing the truth by trying to thwart claims and trying to stop workers from seeking financial compensation for their injuries.
A jury or judge may decide how to distribute the burden of responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is called the apportionment. The apportionment will not affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a company that manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the expense of medical treatment for their condition and the loss of wages due to being unable to work. Victims can also be awarded punitive and compensatory damages.
The lawsuit alleges that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.
A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to file an asbestos lawsuit. A person may start a lawsuit claiming personal injury to claim compensation for other and economic damages that include emotional distress, pain and suffering, and loss of enjoyment the life of. Additionally, the surviving family members of a deceased person due to an asbestos-related illness may make a claim for wrongful death.
After an asbestos case is filed, both sides exchange information during the process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their experience.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. 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 nationwide. Contact us by email or phone today to start your journey.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to provide the victim and his or her family for the financial losses resulting from asbestos exposure. murfreesboro asbestos law firm can help cover the cost of suffering and pain.
Asbestos cases tend to settle rather than go to trial because it is less expensive and easier for defendants to settle the matter this way. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are complex and lawyers must do extensive research on their clients' medical records, work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to build a solid mesothelioma lawsuit.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses however, they didn't tell their workers or the general public.
A number of states have set a limit, referred to a statute of limitations, for the length of time asbestos victims can sue. The durations vary by state, but they typically range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to receive compensation.
The amount of compensation a victim are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds created to help those diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts have been wiped out, but others continue to award substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages, and the possibility that a patient's condition was due to a specific exposure.
In a court trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses as well as lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The trial process is typically lengthy. In the last decade mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true if the person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers, to create a database of employers, products and locations.
There is growing concern that the expense of settling claims of asbestos victims from the past is draining funds which could be used to fund future cases. Additionally, some claimants think that settlements aren't based on actual injuries and they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims through summary judgment or a finding that there was not an exposure. However the motions must be based on an extensive review of evidence and a professional opinion that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a burden in the courts.