Asbestos Litigation
In the courts across the nation asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung diseases and damage through research.
It is essential for attorneys to know how to recognize asbestos-related products in every case. hampton asbestos law firm can be accomplished by talking with co-workers collecting records, or analysing samples taken from homes or work sites.
Liability
If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.
There are usually several defendants in an asbestos case due to the numerous mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be held responsible for injuries sustained by victims.
Asbestos suits typically fall under the law of product liability which are based on common and state laws that allow for damages to be recouped from sellers of products when the products cause injury. In a product liability lawsuit it is claimed that injuries occurred due to defective design or manufacturing and that the person injured was not adequately warned of the dangers associated with the products.
In asbestos cases, defendants often claim that they did not act in a negligent way and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause different diseases. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of covering up the issue in attempting to block claims and also to prevent workers from seeking compensation for their injuries.
If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the burden of responsibility among them in a process called the apportionment. The apportionment doesn't alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment 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, which means that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of the danger.
The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma could file an asbestos lawsuit. A person can file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional stress as well as loss of enjoyment life, and suffering and pain. Family members of someone who has died from an asbestos-related disease can make a claim for wrongful death.
When an asbestos-related case is filed, both sides exchange information during the process known as discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.
Due to the complex nature of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.
The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned as a firm that can secure the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Call or email us today to begin.
Settlements
If asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation may cover the cost of suffering and pain.
Asbestos cases are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that comes with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can then collect evidence and use it in the preparation of a mesothelioma case that is strong and successful.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their workers or to the general public.
Many states have imposed a time limitation, also known as a statute of limitations, for how long asbestos-related victims can sue. The time frames vary from state to state, but generally range from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their right to be compensated.
The amount of compensation victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts have dwindled, however others continue paying out substantial prizes. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a greater 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, for instance differences in how to calculate damages and whether the patient's condition was caused by specific exposures.
In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses as well as lost wages, property damage and pain and suffering and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen significantly, and are far more than the amount given to settlement cases by judges.
A mesothelioma lawyer can help victims understand what to do through the trial process and also explain their rights under the law in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true if an individual has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile a detailed database of employers, products and locations.
The expense of settling asbestos claims eats up funds which could have been used to fund future cases. Furthermore, some claimants believe that settlements aren't just based on injuries that actually occurred and therefore deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims through summary judgment or a finding that there was not an exposure. However these motions require an in-depth review of the evidence and an expert opinion that the doses measured of asbestos that plaintiffs received were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming part of the backlog in the courts.