Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure is proven to cause lung disease and damage through research.
An attorney must be able recognize asbestos in each case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
You may be entitled to compensation If you or someone you love is diagnosed with a disease related to asbestos. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can either make a claim or offer a settlement to the defendants.
In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or in a position of employer could also be held responsible for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that allow damages to be recouped from the sellers of products when those products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused due to defective design or manufacturing and that the injured person was not adequately warned of the dangers associated with products.
In asbestos cases, defendants typically argue that they did not behave in a negligent manner and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up as they sought to block claims and keep workers from seeking an amount of compensation for their injuries.
A jury or judge may decide how to allocate responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This is known as apportionment. The apportionment of liability will not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business which manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatments for their illness as well as the loss of wages due to inability to work. Victims can also receive compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.
A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma could start an asbestos lawsuit. A person may make a personal injury claim to seek compensation for non-economic and economic damages, including emotional suffering as well as loss of enjoyment life, and suffering and pain. Family members who have survived those who have died due to an asbestos-related disease can make a claim for wrongful death.
After an asbestos lawsuit is filed, both sides exchange information in the process known as discovery. This may take a few months and may involve extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and asbestos-related products.
Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. largo asbestos attorneys are known for our ability to get maximum compensation for our clients.
Contact us today for a no-obligation consultation for any questions about filing a lawsuit against asbestos. 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 all over the country. Contact us by email or phone today to start your journey.
Settlements
When asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases often settle instead of going to trial, as it is cheaper and easier for defendant companies to resolve the matter this way. Settlements also help avoid negative publicity that could be associated with a trial verdict. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents and statements of former employees who have worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or to the general public.
There are many states that set time limits also known as statutes or limitations, on how long an asbestos victim must bring a lawsuit. The time frames vary between states, but generally range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, victims will lose the right to compensation.
The amount of compensation that victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts have been wiped out, but others continue to award substantial payouts. For example, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is caused by an exposure.
In a trial the plaintiffs have to prove that they have the right to damages, which include 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 its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand how to proceed in the trial process and also explain their legal rights in a public courtroom. A licensed lawyer can assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially true when an individual was exposed to more than one type of asbestos and in multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and asbestos workers, to build an inventory of employers, products and places.
The expense of settling asbestos claims eats up funds which could be used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.
Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions require an in-depth examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a part of the backlog in the courts.