Asbestos Litigation

In courts all over the nation, asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage and disease.

An attorney should be able to recognize asbestos in each case. This can be accomplished by speaking with colleagues collecting records, or studying samples from home or workplaces.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You can make a claim for compensation or an offer of settlement from the defendants in the case.

In asbestos cases, there will be multiple defendants because there are numerous mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or acted as employers may also be accountable for the injuries of victims.

Asbestos suits typically fall under laws governing product liability that are based on common and state laws which permit damages to be recovered from sellers of goods when the products cause injuries. In a lawsuit involving product liability it is claimed that the injuries resulted from faulty design or mismanufacture and that the injured person was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants often claim that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products can cause different diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and trying to block workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit filed against a company who manufactured or mesothelioma lawyer sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence which means that it did not take reasonable precautions to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to file an asbestos lawsuit. An individual can make a personal injury claim to claim compensation for economic and non-economic damages, including emotional anxiety and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivor family members of a deceased person from an asbestos-related illness can file a wrongful death lawsuit.

Once an asbestos case has been filed, the two parties exchange information through a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

LK's attorneys have years of experience in representing victims and mesothelioma lawyer their families in asbestos lawsuits. We are renowned for our ability to get the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is more cost-effective and easier for defendant companies to settle the matter in this manner. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex and lawyers must do 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 may be responsible for their illness. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial, mesothelioma lawyers can find evidence of forest hills asbestos lawyer-related companies negligence. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related illnesses however they didn't inform their workers or the general public.

A number of states have set a limit, also known as a statute of limitations, to determine how long asbestos victims are allowed to file a lawsuit. The durations vary by state, but typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their right to a fair settlement.

The amount of compensation victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some trusts are exhausted, but others continue to award significant awards. 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 manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses, lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the past decade mesothelioma cases, jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying 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 especially true if an individual 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 compile a comprehensive list of companies products, locations and other information.

The cost of resolving asbestos claims drains funds which could be used to pay for future cases. In addition, some claimants believe that settlements aren't based on actual injuries and they deserve more compensation.

Plaintiffs in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming a burden in the courts.