15 Reasons To Love Asbestos Attorney
Asbestos Litigation
A large portion of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage through research.
It is essential for an attorney to understand how to spot asbestos products in every case. This can be accomplished by speaking with colleagues collecting records, or studying samples from home or workplaces.
Liability
You could be eligible for compensation If you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.
In asbestos cases, there are typically multiple defendants as there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for injuries sustained by victims.
Asbestos suits are typically governed by the law of product liability, which are based on state and common laws which allow damages to be recouped from the sellers of products if they cause injuries. In a suit for product liability it is claimed that injuries occurred due to faulty design or mismanufacture and that the person who was injured was not adequately warned about the dangers of the products.
In asbestos cases, defendants typically claim that they didn't act in a negligent manner and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various diseases. Moreover, companies that hid the risks of asbestos to increase 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.
A jury or judge may decide how to distribute the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This process is called allocation. The apportionment process does not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit filed against a business that produced or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensation and punitive damages.
The lawsuit alleges the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about this risk.
The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma could start an asbestos lawsuit. A person may make a claim for personal injury in order to obtain compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
After an asbestos case has been initiated, the parties exchange information through the process known as discovery. This may take a few months and may involve lengthy interviews with coworkers or relatives, abatement employees and others to determine potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the unique complexities involved in asbestos case litigation and be recognized by insurance companies and defendants for its expertise in these cases.
The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to secure the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via email or phone now to get started.
Settlements
If asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to pay the victim and his or her family for financial losses caused by asbestos settlement exposure. Compensation can cover pain and suffering.
Asbestos lawsuits are often settled instead of going to trial. This is because it's more affordable 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 important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for Asbestos Case their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, asbestos Case corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases, but did not disclose this information to their employees or the public.
Many states have set a limit, known as a statute of limitations, to determine how long asbestos victims can make a claim. These time periods vary by state, but generally vary between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed victims will lose the right to receive compensation.
The amount of compensation that victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts have been depleted but others continue to pay substantial awards. For example, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the patient's condition was caused by specific exposures.
In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand the steps to take through the trial process and can explain their rights under the law in a public courtroom. A qualified attorney can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to determine the responsible parties, asbestos cases are more complicated. This is especially true when someone was exposed more than one kind of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and asbestos workers, to build an inventory of the companies, products and places.
There is a growing concern that the cost of resolving claims from past asbestos victims has a negative impact on funds that could be used to pay for future cases. Some claimants also believe that settlements should be 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 no exposure. These motions, however, require an extensive examination of evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.