Asbestos Litigation
A substantial amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage as well as disease.
It is important for an attorney to know how to identify asbestos-related materials in every case. This can be done by speaking with colleagues collecting records, or analysing samples taken from homes or workplaces.
Liability
You could be eligible for compensation in the event that you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You may choose to bring a lawsuit, or offer an agreement to the defendants.
In asbestos cases, there are generally multiple defendants due to the fact that there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that used asbestos or who acted as employers could be held liable for injuries to victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In a suit for product liability where the injuries were caused due to the design defect or manufacturing error and that the injured person wasn't adequately warned about the dangers associated with products.
In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to prevent workers from seeking financial compensation for their injuries.
A jury or judge can decide how to divide the burden of responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning it did not take reasonable precautions to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.
A person who is a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma are able to bring an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment the life. In addition, the surviving family of someone who died due to an asbestos-related illness may bring a wrongful death lawsuit.
After an asbestos lawsuit is filed and the parties exchange information in the process of discovery. This may take a few months, and may require extensive interviews with co-workers family members, abatement workers, relatives, and others to identify potential defendants and asbestos-related products.
It is essential for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients.
If springfield asbestos law firm have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. 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 from all over the country. Contact us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can be used to cover the cost of suffering and pain.
Asbestos cases tend to settle rather than go to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to find mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing material. In many cases the documents prove that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or the public.
A number of states have imposed a time limit, also known as a statute of limitations, on how long asbestos-related victims can make a claim. The length of time varies by state, but they typically range from one to two years. If the statute of limitation expires before a case for mesothelioma is filed, victims will lose the right to receive compensation.
The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, and other factors. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts have been wiped out, but others continue paying out substantial payouts. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by an exposure.
In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma-related jury awards cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is typically easy to identify the responsible parties. This is especially the case when an individual was exposed to more than one kind of asbestos and at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to compile a database of companies, products and places.
There is a growing concern that the expense of settling claims of asbestos victims who have been in the past is draining 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 deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims through summary judgment or a finding that there was no exposure. These motions, however, require a thorough examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.