Asbestos Litigation

A substantial amount of asbestos litigation has been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage as well as disease.

It is essential for an attorney to know how to recognize asbestos-related products in each case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples taken from home or workplaces.

Liability

If you or asbestos litigation someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can cover lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can either bring a lawsuit, or offer a settlement to the defendants.

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

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit it is claimed that the injuries occurred due to faulty design or mismanufacture and that the injured person was not adequately warned of the dangers of the products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a myriad of illnesses. In addition, companies who concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a jury or judge can decide how to divide the responsibility between the defendants in a process referred to as allocation. The apportionment of liability will not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos can assist victims to recover compensation. This includes the costs of medical treatment for their condition and the loss of wages because of being unable to work. Victims may also receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about the dangers.

An asbestos lawsuit may be filed by a victim or estate of a person who passed away due to an asbestos-related illness, such as mesothelioma. A person may bring a lawsuit for personal injury in order to obtain compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life. The surviving family members of someone who has died from an asbestos-related illness can also file a wrongful deaths lawsuit.

Once an asbestos case has been filed, the two parties exchange information via a process called discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients.

Contact us for a complimentary consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the nation. Contact us now to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can cover pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that can come from a trial verdict. It is crucial to select a mesothelioma lawyer who has expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research on the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it in an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents and the testimony of former employees who been exposed to asbestos-containing materials. These documents typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their employees or the general public.

Many states set time limitations which are known as statutes of limitation which determine how long asbestos victims have to start a lawsuit. The length of time varies between states, but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other factors. Attorneys take into account the cost of treatment and asbestos litigation other costs when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds created for patients diagnosed with mesothelioma, asbestos-related diseases.

Certain trusts have been closed, but others continue to pay substantial payouts. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and the possibility that a patient's condition was due to a specific exposure.

In a court trial plaintiffs must demonstrate that they have the right to damages, which include past and future medical expenses and lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma-related 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 trial process, and can explain their legal right in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is usually simple to identify the responsible parties. This is especially true if someone has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or abatement workers, to create a database of employers, products and the locations.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation.

In asbestos cases, defendants can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help speed up the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.