Asbestos Litigation

In the courts across the nation asbestos litigation has been a significant issue. Research has proven that exposure to asbestos can cause lung damage and disease.

It is vital for an attorney to know how to identify asbestos-related materials in each case. This can be done through discussing with colleagues, Asbestos case obtaining records, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be eligible for compensation. Compensation can assist with the loss of wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically multiple defendants in a case involving asbestos because there are numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted as employers may also be accountable for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that permit damages to be sought against the sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a defective design, and the victim was not properly warned of the risks that came with using the products.

In asbestos cases, defendants typically claim that they did not act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized asbestos case (prev)-containing products can cause different diseases. Companies that concealed asbestos risks to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for their injuries.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about this risk.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may start an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life and pain and suffering. Family members of someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

After an asbestos lawsuit is filed and a settlement is reached, both sides communicate information through the process known as discovery. This can last several months and may involve extensive interviews with co-workers or relatives, abatement employees and others to determine potential defendants as well as their asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses be aware of the particular complexities involved in asbestos litigation and be recognized by insurers 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 known for our ability to obtain the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are committed 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. 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 help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases often settle rather than going to trial, because it is easier and cheaper for defendant companies to settle the matter this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos settlement-containing products. In many instances documents, they show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, but didn't disclose the information to their employees or to the general public.

A number of states have imposed a time limit, known as a statute of limitations, to determine how long asbestos victims are allowed to make a claim. These time periods vary by state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to compensation.

The amount of compensation victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos sufferers can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.

Certain trusts have dwindled, however others continue to pay substantial payouts. In 2018 the United States court granted $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 possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a trial the plaintiffs must prove that they are entitled to damages, such as future and past medical expenses and loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand how to proceed during the trial process and explain their legal rights in a public courtroom. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the parties involved, asbestos cases are more complicated. This is especially true when someone has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to create an extensive list of companies, products and locations.

There is a growing concern that the expense of settling claims of asbestos victims who have been in the past is consuming funds which could be used to pay for future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and should be compensated more.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions require a thorough examination of the evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in courts.