Taking the help of a Colorado mesothelioma lawyer
A well-experienced and qualified mesothelioma lawyer can help you in evaluating your claim and give you the right counseling about how you should proceed with your case. In a mesothelioma case you are liable to get compensation for the damage that you have suffered as a result of the disease. The ColoradoState mesothelioma lawyer works to get you compensation for both financial as well as non-financial loss like lost wages and effect on earning capacity, medical expenses, pain and suffering, etc. You should make sure that the mesothelioma attorney whom you select should have enough experience in handling such cases and should be qualified to take up these cases.
Selecting a Colorado mesothelioma lawyer
When selecting a mesothelioma lawyer in Colorado you should keep certain things in mind.It is always suggested that you select a mesothelioma lawyer who has experience in handling such cases. An experience mesothelioma lawyer would know the exact process of how to go about thecase and would have the right contacts, knowledge and resources that can strengthen your case. Moreover before the lawyer files the case he or she would have to go through your history and the history of the company against which the case is being filed. If there have been any previous lawsuits against the company then this can be helpful in your case. Only a lawyer who has experience in this field can handle your case with expertise.
It is advised that you should avoid an out-of-court settlement. If you try to settle your mesothelioma case without the help of a lawyer then it is possible that you might not get the compensation that you are entitled for. You would belosing your valuable time and also would be settling for less. Selecting the right lawyer for your mesothelioma case can, not only get you the right compensation but also make a difference. The companies would try and subside the case but the mesothelioma lawyer would help you out in getting justice and your compensation.
How much does a mesothelioma lawyer cost
Like many other West Coast and Southwestern states, Colorado courts are historically friendly to victims in mesothelioma and asbestos-related lawsuits. In general, the courts have established and upheld the principle that big companies (the mining companies in particular) should be held responsible for cleaning up their own messes, environmental and otherwise. In case after case, the Colorado courts have held mining companies and manufacturers liable for controlling exposure to asbestos even in cases where the defendant company only manufactured part of an asbestos-containing product, or when a company had only recently taken control of the assets of another company with asbestos related assets.
Environmental and Occupational Safety Regulations
Colorado vigorously enforces some of the toughest environmental and occupational air quality standards in the nation with regards to asbestos. The regulations for managing and handling asbestos are overseen by the Asbestos Compliance Assistance Group of the Air Pollution Control Division of the Colorado Department of Public Health and Environment.
In Colorado, neglect that leads to exposing the public to asbestos fibers can be grounds for a lawsuit against the responsible parties. If, for instance, a contractor or building owner fails to take the proper precautions to contain asbestos when doing renovation or demolition, and hazardous substances like asbestos migrate to neighboring properties, the abutting neighbors may have grounds to bring suit against the owner for recovery of cleanup costs and damages.
The Colorado courts have also affirmed the responsibility of a company to clean up its own environmental messes. In a 2005 case, the Colorado Superior Court held that Asarco, a mining company that owned and operated a number of mines in Colorado, was still financially responsible for cleaning up the leaks from one of its mines even though the company had entered bankruptcy protection. The bankruptcy was triggered by, in part, nearly 100,000 lawsuits alleging asbestos exposure and asbestos poisoning. The 2005 Asarco decision is a departure from traditional court rulings which have often reduced or eliminated fines and cleanup costs for companies in bankruptcy.
Determination of Liability
The Colorado courts follow a principle of modified comparative negligence - 50% rule. Under the 50% rule, a plaintiff may recover damages in a lawsuit even if they are partially at fault in their own injury or illness, as long as their responsibility in the disability is less 50%. The judge or jury will determine what percentage of responsibility for the disability lies with each party in the lawsuit. As long as the plaintiff is less than 50% liable for their own injury, the plaintiff may recover damages, but those damages will be reduced proportionate to the portion of liability assigned to them. In other words, if a judge or jury determines that a plaintiff is 20% liable for their own injury, and the total amount of damages is $100,000, the plaintiff can collect damages in the amount of $80,000.
The courts in Colorado follow a modified joint and several liability method for determining the financial award due from each defendant in an asbestos lawsuit with multiple defendants. Typically, each defendant will be responsible for damages proportionate to their assigned liability. If the judge or jury determines that two or more defendants conspired to injure another, then they'll be subject to joint and several liability.
Asbestos-Related Litigation
There have been a number of landmark asbestos cases decided in Colorado in the past 20 years. Among them are cases that set precedents to allow plaintiffs to sue successors of companies that once made asbestos-related and contaminated products, and that allow plaintiffs to bring suit against a company that distributed asbestos-containing products even if they did not manufacture the product.
In the 1986 case, Gibson v. Armstrong World Industries, Inc., the Colorado U.S. District Court ruled that Nicolet, Inc., which purchased Keasbey & Mattison Company, was liable to asbestos victims for damages caused by Keasbey & Mattison's asbestos-containing products. The ruling affirmed that Colorado courts would hold companies liable for the assets of companies that they purchase on taking control of their assets.
In 1987, lawyers for John Crane argued that the company should not be liable for injuries caused by a productthat it prepackaged and sold to the public because they were not the original manufacturer of the product. They asked for a summary judgment of dismissal. The Colorado U.S. District Court denied the summary judgment, holding that a company that distributes a product shares the liability for any damages that it causes.
0 comments:
Post a Comment