Asbestos Litigation
In the courts across the country asbestos litigation has been a major problem. Asbestos exposure is proven to cause lung damage and lung disease through research.
It is essential for attorneys to know how to identify asbestos products in each case. This can be accomplished by chatting with colleagues collecting records, or taking samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. hawaii asbestos law firm can be used to pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You can start a lawsuit or offer an agreement to the defendants.
There are usually many defendants in an asbestos-related case because there are 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. Companies that provided services to asbestos-using mines, manufacturers or in an employer capacity could also be liable for the injuries of victims.
Asbestos suits typically fall under product liability laws that are based on state and common laws that permit damages to be recouped from the seller of a product when they cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a flawed design, and that the victim was not adequately warned of the dangers associated with using the products.
In asbestos cases, defendants often claim that they did not behave in a negligent manner and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to make profits were accused of cover-up. They tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.
A judge or jury may decide how to distribute the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as apportionment. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a company that made or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.
A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma could file an asbestos lawsuit. A person may bring a lawsuit for personal injury to seek compensation for economic and other damages like emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the survivor family members of someone who passed away due to an asbestos-related illness may pursue a wrongful-death lawsuit.
After an asbestos case is filed, the two sides share information through the process of discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.
It is important for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their family selects should 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 attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our skill in obtaining maximum compensation for our clients.
Contact us for a free consultation for any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can cover pain and suffering.
Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit.
During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence usually comes in the form internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their workers or to the public.
Many states set time limits which are known as statutes of limitation, on how long an asbestos victim has to make a claim. The length of time varies between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to be compensated.
The amount of compensation a victim will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos-related victims may also be able to claim through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts have been depleted but others continue paying out substantial awards. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and the possibility that a patient's condition was caused by an exposure.
In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma jury awards cases have increased dramatically and far exceeded the amount awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is generally easy to identify the parties responsible. This is especially true when someone was exposed more than one kind of asbestos in various locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile an exhaustive list of companies as well as their products and locations.
The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. Furthermore, some claimants believe that settlements aren't basing on actual injuries and therefore deserve more compensation.
The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions require an in-depth examination of the evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a backlog in the courts.