Asbestos Litigation
A large portion of asbestos-related litigation has been handled in courts across the nation. Research has proved that exposure to asbestos can cause lung damage and disease.
It is essential that attorneys know how to identify asbestos-related materials in every case. This can be accomplished through conversations with coworkers collecting records, or analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation can cover lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can bring a lawsuit, or offer a settlement to the defendants.
There are typically multiple defendants in an asbestos-related case because there are a variety of mining companies that produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted as employers may also be accountable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is based on common and state laws that permit damages to be recouped from producers of products if those products cause injuries. In a lawsuit involving product liability where the injuries occurred due to faulty design or mismanufacture and that the person who was injured was not adequately warned about the dangers associated with the products.
The defendants in asbestos cases typically argue that they didn't act negligently and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth by trying to thwart claims and trying to block workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the blame between the defendants in a process referred to as apportionment. The apportionment does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that produced or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims can also be awarded punitive and compensatory damages.
The lawsuit asserts that the defendant acted with negligence in that it failed to take reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about the dangers.
A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can make an asbestos lawsuit. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress and pain and suffering and loss of enjoyment of the life. In norman asbestos lawsuit , the survivors of a family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, both sides communicate information through the process known as discovery. This process may take some time and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.
It is essential that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to get the highest amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the country. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can be used to cover the cost of suffering and pain.
Asbestos cases often settle rather than go to trial, as it is more cost-effective and easier for defendant companies to settle the case in this way. Settlements also reduce the negative publicity that comes from a trial verdict. It is essential to choose an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence to use in a strong mesothelioma case.
During pre-trial discovery and depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases but did not inform their employees or the general public.
Many states set time limitations known as statutes of limitations on the time an asbestos victim has to bring a lawsuit. These time periods vary between states, but typically range between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed, victims will lose the right to compensation.
The amount of compensation victims will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to cover their medical expenses. Asbestos victims might also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts have been closed, but others continue to pay substantial prizes. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by a specific exposure.
In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is typically easy to identify the parties responsible. This is especially true when the victim was exposed to more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create a detailed database of employers, products and locations.
The cost of resolving asbestos claims drains funds which could be used to pay for future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was no exposure. However, these motions require an in-depth review of the evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a backlog in the courts.