Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the nation. Studies have proven that asbestos exposure can cause lung damage and illness.

It is essential that attorneys know how to recognize asbestos-related products in every case. This can be accomplished by speaking to colleagues, mesothelioma lawsuit obtaining documents, or by analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can be used to pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants.

There are usually several defendants in a case involving asbestos because there are a variety of mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers who used asbestos, or acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits typically fall under laws governing product liability which are based on the laws of the state and common law that allow for damages to be recovered from the seller of a product when they cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the victim was not adequately warned about the dangers that could result from using the products.

Defendants in asbestos cases often claim that they did not act recklessly and that their products were safe, even though doctors have long acknowledged that asbestos-containing products is linked to various illnesses. In addition, companies who concealed the risks of asbestos to increase profits have been accused of covering up the issue by attempting to suppress claims and attempting to prevent workers from seeking compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between them through a process known as apportionment. The apportionment of liability does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims obtain 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 be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable precautions to ensure that 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.

An asbestos lawsuit could be filed by a victim or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress, pain and suffering, and loss of enjoyment the life. Family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.

Once an asbestos case has been filed and the parties exchange information in a process called discovery. This can last several months and could require extensive interviews with colleagues, relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that the victim or their family chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known as a firm that can secure the highest amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, call 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 all over the country. Contact us via phone or email today to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is intended to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases often settle instead of going to trial because it is easier and cheaper for defendants to settle the matter in this manner. Settlements also reduce the negative publicity that comes when a verdict is handed down. It is important to hire an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's past work history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can gather evidence and use it to construct a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their employees or the general public.

Many states set time limits known as statutes of limitations on the time an allen park asbestos lawyer victim must bring a lawsuit. These time periods vary by state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to receive compensation.

The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive as well as how serious their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos-related victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay out large prizes. For instance, in 2018 a 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 sufferers who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial can be long. In the last decade mesothelioma jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer will help victims understand what to do during the trial process and also explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is particularly true when someone was exposed more than one kind of asbestos and in multiple locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers, to compile an inventory of companies, products and the locations.

There is a growing concern the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect the actual damage and that they should be compensated more.

In asbestos cases, defendants can fight to have claims dismissed through summary judgment or a conclusion of no exposure. These motions need a thorough examination of the evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the long queue of cases that are awaiting the courts.