Asbestos Litigation
A large amount of asbestos-related litigation has been handled by courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able to recognize asbestos in every case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or make an offer of settlement to the defendants in the case.
There are usually multiple defendants in a case involving asbestos because there are many mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted as employers may also be accountable for the injuries of victims.
Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be awarded against producers of products if those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the injured party wasn't adequately warned of the dangers that could result from using the products.
In asbestos cases, defendants typically claim that they didn't act recklessly and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause various diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth by attempting to suppress claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility among them in a process known as allocation. The apportionment process does not affect the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos was a risk and failed to in educating consumers and workers about the dangers.
An asbestos-related lawsuit can be filed by a victim or estate of a person who died from an asbestos-related disease like mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for financial and other damages that include emotional distress, pain and suffering, and loss of enjoyment of the life. Additionally, the surviving family members of a person who died from an asbestos-related disease can bring a wrongful death lawsuit.
After an asbestos lawsuit is filed and the parties exchange information during a process known as discovery. This may take a few months and could require extensive interviews with colleagues and relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.
Due to the complexity of asbestos litigation, it is crucial that plaintiffs hire an experienced lawyer handle their case. The law firm a victim or their family selects should be aware 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 are asbestos litigation experts with years of experience in representing asbestos victims and their families. evansville asbestos attorneys are known for our ability to obtain maximum compensation for our clients.
Contact us for a complimentary consultation If you have any concerns about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to begin.
Settlements
If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with pain and suffering.
Asbestos cases tend to settle instead of going to trial, because it is more cost-effective and easier for defendants 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 a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes from internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing materials. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their employees or the general public.
Many states set time limits which are known as statutes of limitation, on how long asbestos victims have to start a lawsuit. These deadlines vary from state-to-state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to a fair settlement.
The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.
Certain trusts are depleted, but others continue to pay out significant awards. 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 produced by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the condition was caused by specific exposures.
In a trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses, loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand how to proceed in the trial process and also explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the parties involved, asbestos cases can be more complicated. This is especially the case when an individual was exposed to more than one kind of asbestos in multiple places. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to create a detailed list of companies, products and locations.
The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Some claimants believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.
Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a conclusion of no exposure. However the motions must be based on an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff took were insufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.