Asbestos Litigation
In courts all over the nation asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able recognize asbestos in every case. This can be accomplished by discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease, you may be qualified for compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You may choose to file a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there are usually multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for the victims' injuries.
Asbestos suits are typically governed by the law of product liability, which are based on the common law and state laws which permit damages to be recovered from the sellers of products if they cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not properly warned of the risks associated with using the products.
In asbestos cases, defendants typically claim that they did not do anything recklessly and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products is linked to various diseases. In addition, companies who concealed
asbestos claim's risks to increase profits have been accused of concealing the truth in attempting to block claims and attempting to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide on how to divide the burden of responsibility among them through a process known as the apportionment. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable their job. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently,
asbestos Attorney which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about the dangers.
The estates or victims of those who have passed away from asbestos-related diseases like mesothelioma can make an asbestos lawsuit. An individual can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life, and suffering and pain. Family members who have survived those who have died due to an asbestos-related illness may also make a claim for wrongful death.
Once an asbestos case has been filed, the two sides exchange information in a process called discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complex nature of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a victim or their family chooses must 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 attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to start your journey.
Settlements
When asbestos victims win their lawsuits, they are awarded 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 cost of suffering and pain.
Asbestos cases usually settle rather than going to trial, because it is cheaper and easier for defendants to settle the matter this way. Settlements also avoid negative publicity that comes from a trial verdict. It is crucial to find an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into the history of their clients' employment, medical records and
Asbestos attorney exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can gather evidence and use it in the preparation of a solid mesothelioma lawsuit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover 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 materials. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases, but did not disclose this information to their workers or to the public.
A number of states have set a time limit, known as a statute of limitations, on how long asbestos-related victims can bring a lawsuit. The time frames vary from state to state however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to be compensated.
The amount victims receive will depend on the
asbestos law-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to file claims through trust funds set up for those diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been depleted but others continue paying out substantial payouts. For instance, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with 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 differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.