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Asbestos Litigation
A large portion of asbestos-related litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and disease.
It is essential for attorneys to know how to spot asbestos products in each case. This can be accomplished by talking with co-workers in the office, collecting records, and analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition, you may be entitled to compensation. Compensation can cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim for compensation or an offer of settlement from the defendants in the case.
There are typically many defendants in asbestos cases due to the numerous mining companies that made asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for the victims' injuries.
Asbestos lawsuits typically fall into the legal category of product liability law, which is based on common and state laws that allow damages to be sought against sellers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused by an ineffective design or fabrication, and that the injured person was not adequately warned of the risks associated with the products.
In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a wide range of ailments. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of covering up the issue by attempting to suppress claims and also to prevent workers from seeking financial compensation for injuries they sustained.
A jury or judge can decide how to allocate the responsibility among defendants when more than one defendant has been blamed for an asbestos-related injury. This process is called apportionment. The apportionment of liability does not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business that made or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their condition as well as the loss of wages due to inability to work. Victims could also be awarded punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently and did not exercise reasonable care 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 warn workers and consumers about this risk.
A victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional anxiety and suffering, loss of enjoyment life and pain and suffering. In addition, the survivor family of someone who died from an asbestos-related disease may bring a wrongful death lawsuit.
When an asbestos-related case is filed and the parties exchange information during the process of discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complexity of asbestos litigation it is essential that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their family selects should be aware of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.
The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients.
If you have any questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.
Asbestos cases are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated from a trial verdict. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.
In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. Evidence typically is found in internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases however, they did not communicate the information to their employees or the general public.
Many states set time limitations also known as statutes or limitations, on how long asbestos victims have to make a claim. The time frames vary from state to state, but they typically range from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma can be filed, victims will lose their right to receive compensation.
The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to cover their medical expenses. Asbestos-related victims can also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.
Some of these trusts are exhausted, but others continue to award huge amounts of money. In 2018 the United States court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For chicago asbestos law firm , there could be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.
In a trial the plaintiffs have to prove that they are entitled to damages, including past and future medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last 10 years, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is usually easy to identify responsible parties. This is particularly true when a person has been exposed to asbestos in multiple locations and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to create a database of companies, products, and locations.
There is a growing concern the expense of settling claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.