Asbestos Litigation
A large amount of asbestos-related litigation has been handled in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney must be able to recognize asbestos in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples from homes or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you care about is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case.
There are typically multiple defendants in asbestos cases due to the numerous 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. In addition, companies that offered services to mines or manufacturers who used asbestos, or who acted as employers could be held accountable for injuries suffered by victims.
Asbestos lawsuits are often categorized under product liability laws which are based on common and state laws that allow for damages to be recouped from sellers of products when the products cause injuries. In a suit for product liability it is claimed that injuries occurred due to faulty design or mismanufacture and that the injured person was not adequately warned about the dangers associated with the products.
In asbestos cases, defendants often argue that they did not behave negligently and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can lead to various diseases. Companies that concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the responsibility among them through a process known as apportionment. The apportionment doesn't affect the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not use reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may start an
Asbestos attorney lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and suffering, loss of enjoyment life, and suffering and pain. Additionally, the surviving family members of a deceased person due to an asbestos-related illness may make a claim for wrongful death.
Once an asbestos case is initiated, the parties exchange information via the process known as discovery. This process can last for a long time and may include extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants and asbestos-related products.
Due to the complicated nature of asbestos litigation it is crucial that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.
LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our expertise to get the most compensation possible for clients.
If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover pain and suffering.
Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come from a trial verdict. It is crucial to find a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma cases are complicated, and attorneys must do extensive research on their clients' medical records, work history, and asbestos exposure. They can help clients identify
asbestos claim-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in the preparation of a strong mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically is found in internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate this information to their workers or the general public.
Many states have set a limitation, also known as a statute of limitations, for the length of time asbestos victims can sue. The time frames vary from state-to-state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, victims will lose the right to receive compensation.
The amount victims receive will depend on the diagnosis of their asbestos-related disease and how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts have been depleted but others continue to award substantial prizes. For instance, 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 resolve issues that are not easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.