Asbestos Litigation
In the courts across the nation asbestos litigation has been a significant issue. Studies have proven that asbestos exposure can cause lung damage and disease.
An attorney must be able identify asbestos in each case. This can be done through conversations with coworkers collecting records, or studying samples from home or work sites.
Liability
You may be entitled to compensation in the event that you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or a settlement offer from the defendants in the case.
In asbestos cases, there are typically multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries suffered by victims.
Asbestos suits often fall under laws governing product liability which are based on state and common laws which permit damages to be recovered from sellers of goods when they cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a defective design, and the person injured was not adequately warned of the risks that came with using the products.
The defendants in asbestos cases typically argue that they did not do anything recklessly and that their products were safe, even though doctors have long recognized that asbestos-containing products is linked to various illnesses. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of covering up the issue in attempting to block claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the burden of responsibility among the defendants in a process referred to as allocation. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatments for their condition as well as the loss of wages due to being unable to work. Victims can also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted with negligence and did not use reasonable care to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed warn workers and consumers about this risk.
A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person can file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional anxiety, loss of enjoyment of life as well as suffering and pain. Family members who are survivors of those who have died due to an asbestos-related disease can make a claim for wrongful death.
When an asbestos lawsuit has been filed, the parties exchange information in the process of discovery. It can take several months and could require extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants as well as their asbestos-related products.
Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handling their case. The law firm that a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.
Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure the highest amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us by phone or email today to begin.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover the pain and suffering.
Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is essential to choose mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into their client's work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.
During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documents and statements of former employees who worked with asbestos-containing products. These documents often show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related diseases, but didn't tell their employees or the general public.
Many states set time limits known as statutes of limitations that define how long an asbestos victim must file a lawsuit. The time frames vary from state to state, but typically 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 receive compensation.
The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis the severity of their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos victims might also be able to claim through trust funds established for those diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts have been depleted but others continue to award substantial payouts. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with 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 easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by an exposure.
In a court trial, plaintiffs must show that they have the right to damages, including future and past medical expenses as well as lost wages, property damages, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. In the last 10 years mesothelioma jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify 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 places. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of employers, products, and the locations.
The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. In addition, some claimants think that settlements aren't just based on injuries that actually occurred and they deserve more compensation.
Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a conclusion of no exposure. These motions require an extensive examination of evidence as well as an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. oklahoma asbestos attorneys can help accelerate the process and avoid the case from becoming a backlog in the courts.