Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung damage and lung disease through research.

It is vital for attorneys to know how to spot asbestos products in every case. This can be done by speaking with colleagues in the office, collecting records, and analysing samples taken from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You may choose to file a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there are typically multiple defendants due to the fact that there are many mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos attorney or acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be awarded against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the victim was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants typically claim that they did not behave in a negligent way and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to various illnesses. Companies that hid asbestos risks to make profits were accused of cover-up, and they attempted to block claims and keep workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury may determine how to divide the responsibility among them in a process called the apportionment. The apportionment process does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos could assist victims to recover compensation. This includes the expense of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence which means that it did not take reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.

A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person may make a claim for personal injury in order to obtain compensation for economic and other damages including emotional distress, pain and suffering, and loss of enjoyment of the life. In addition, the survivor family members of a deceased person due to an asbestos-related illness may make a claim for wrongful death.

Once an asbestos-related case is filed, the two sides exchange information through a process called discovery. This process can last for a long time and could require extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses must be able to comprehend the unique complexities of asbestos case litigation. They should also be recognized by insurance companies as well as defendants for their expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation to our clients.

Contact us for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. 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 country. Contact us today to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. The money is intended to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases often settle rather than going to trial, as it is easier and cheaper for defendants to settle the matter this way. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is important to hire mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. The lawyers can then collect evidence to use in an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their workers or the general public.

Many states set time limitations also known as statutes or limitations on the time an asbestos victim can bring a lawsuit. These time periods vary from state-to-state, but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed victims will lose the right to receive compensation.

The amount patients can receive is contingent on their asbestos-disease diagnosis and how severe their condition is, asbestos as well as other aspects. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay for medical expenses. Asbestos sufferers may also be able to claim through trust funds established to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts are depleted, but others continue to pay out large amounts of money. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a much better 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 the different methods of calculating damages and whether the condition was caused by exposures specific to the victim.

In a trial plaintiffs must demonstrate that they have the right to damages, which include future and past medical expenses, loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help patients understand how to proceed in the court process and also explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident cases where it is usually easy to identify the responsible parties. This is especially true when the person has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers, to create an inventory of products, employers, and places.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. In addition, some claimants believe that settlements aren't founded on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining 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's view that the measured doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the process and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.