10 Fundamentals To Know Asbestos Attorney You Didn't Learn In The Classroom
Asbestos Litigation
In the courts across the nation, asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage and cause disease.
An attorney should be able recognize asbestos in each case. This can be done through talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case.
There are typically multiple defendants in asbestos cases because there are numerous mining companies that produce asbestos as well as manufacturers 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 or manufacturers or acted in a position of employer could be held accountable for the injuries of victims.
Asbestos lawsuits are often categorized under the law of product liability, which are based on common and state laws that permit damages to be recovered from the seller of a product when those products cause injury. In a suit for product liability it is claimed that injuries occurred due to defective design or manufacturing and that the person injured wasn't adequately warned about the dangers associated with the products.
In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a variety of diseases. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries.
A jury or judge can decide how to distribute the responsibility among defendants when more than one defendant is identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment does not affect the total amount that a plaintiff could receive as 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 disease, as well as lost wages due to inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the risk.
An asbestos-related lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related condition such as mesothelioma. A person may start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional anxiety and loss of enjoyment of life as well as pain and suffering. In addition, the survivor family members of a person who died from an asbestos-related disease may bring a wrongful death lawsuit.
When an asbestos-related case is filed and a settlement is reached, both sides share information in the process known as discovery. It can take several months, and may require extensive interviews with co-workers 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 choose a seasoned lawyer to handle their case. The law firm that the victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.
The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for our clients.
If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. lawrence asbestos law firm 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 from all over the nation. Contact us now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is meant to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover suffering and pain.
Asbestos cases tend to settle rather than going to trial, because it is cheaper and easier for defendants to settle the matter this way. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma cases are complex, and attorneys must do extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers are able to gather evidence and use it to build a mesothelioma case that is strong and successful.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public.
Many states set time limits known as statutes of limitations that define how long an asbestos victim has to bring a lawsuit. The length of time varies by state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to a fair settlement.
The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay their medical bills. Asbestos-related victims can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.
Some of these trusts have been depleted but others continue to pay substantial awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is due to a specific exposure.
In a court trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses such 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 long. In the last decade mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can assist patients understand how to proceed during the trial process and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties, asbestos cases are more complicated. This is particularly true if someone has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney is able to interview witnesses such as co-workers, relatives, abatement workers and suppliers to create a detailed database of the companies products, locations and other information.
The cost of resolving asbestos claims drains funds that could have been used to pay future cases. Additionally, some claimants believe that settlements are not just based on injuries that actually occurred and deserve more in compensation.
Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received did not cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer can help accelerate the process and make sure that it doesn't be added to the long backlog of cases in the courts.