Asbestos Litigation
A significant amount of asbestos-related cases have been handled in courts across the nation. Research has shown that exposure to asbestos can cause lung damage and illness.
It is vital for an attorney to know how to spot asbestos products in each case. This can be done through speaking to colleagues, obtaining reports, or looking at samples taken from home or workplaces.
Liability
You may be entitled to compensation If you or someone you care about is diagnosed with a condition related to asbestos. Compensation can be used to pay for medical expenses, lost wages and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or make an offer of settlement to the defendants in the case.
In asbestos cases, there are usually several defendants since there are numerous mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in an employer capacity could also be held responsible for injuries suffered by victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is founded on state and common laws that allow damages to be sought against the sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the victim was not adequately warned of the risks that came with using the products.
Defendants in asbestos cases often claim that they didn't act negligently and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. Moreover, companies that hid asbestos's risks to increase profits have been accused of engaging in a cover-up in attempting to block claims and attempting to stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury can decide how to divide the burden of responsibility among them through a process known as apportionment. The apportionment does not alter the amount that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a company that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to inform consumers and workers about the risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma may start an asbestos lawsuit. santa barbara asbestos lawsuit can make a personal injury claim to seek compensation for non-economic and economic damages, including emotional distress, loss of enjoyment of life and suffering and pain. Additionally, the surviving family members of a deceased person from an asbestos-related disease can file a wrongful death lawsuit.
After an asbestos case is filed and the parties exchange information during a process called discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us by phone or email today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the suffering and pain.
Asbestos lawsuits are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is crucial to find mesothelioma attorneys who have experience in obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into their clients' medical records and work history as well as asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers are able to gather evidence and use it to construct an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their employees or the general public.
Many states have imposed a time limit, referred to a statute of limitations, to determine how long asbestos-related victims can bring a lawsuit. The length of time varies from state-to-state, but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed, the victim will lose their right to compensation.
The amount of money that victims receive will depend on their asbestos-disease diagnosis and how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos sufferers can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts have been closed, but others continue to award substantial awards. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and if the victim's condition was caused by a specific exposure.
In a court of law, plaintiffs be required to prove that they are entitled to damages, including past and future medical costs loss of wages, damages to property or property, pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial can take a long time. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the steps to take during the trial procedure and will explain their rights under the law in a public courtroom. A qualified attorney can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties, asbestos cases can be more complicated. This is particularly true when an individual was exposed to more than one type of asbestos and in multiple places. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a detailed database of the companies as well as their products and locations.
There is a growing concern the expense of settling claims from past asbestos victims has a negative impact on funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't based on actual injuries and they deserve more compensation.
In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a finding of no exposure. However the motions must be based on an extensive review of evidence and an expert's view that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the case and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.