Asbestos Litigation

In the courts across the country, asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage and illness.

An attorney should be able recognize asbestos in each case. This can be accomplished by talking with co-workers, obtaining records, and studying samples from home or work sites.

Liability

You may be entitled to compensation if you or someone you love has been diagnosed with a disease related to asbestos. Compensation may cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically multiple defendants in an asbestos case due to the numerous mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or acted in an employer capacity could be held accountable for the injuries of victims.

Asbestos suits are typically governed by laws governing product liability that are based on the common law and state laws that allow for damages to be recouped from the seller of a product when those products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a wide range of ailments. Companies that hid asbestos risks to increase profits were accused of cover-up. They tried to thwart claims and stop workers from claiming financial compensation for injuries they sustained.

A judge or jury can decide how to allocate the blame between defendants in cases where more than one defendant has been blamed for an asbestos-related injury. This process is known as allocation. The apportionment does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for their losses. This includes the expense of medical treatment for their disease and lost wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to inform consumers and workers of this risk.

An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life, and pain and suffering. In addition, the survivors of a family members of someone who passed away due to an asbestos-related illness may pursue a wrongful-death lawsuit.

After an dillon asbestos lawsuit case is filed and the parties exchange information in the process of discovery. It can take several months, and may require extensive interviews with co-workers family members, abatement workers, relatives and others in order to identify possible defendants and Vimeo their asbestos-related products.

It is important for plaintiffs to have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their loved ones chooses must be aware of the particular complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.

LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for clients.

Contact us for a complimentary consultation for any questions about filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us now to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may cover the suffering and pain.

Asbestos cases are typically settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is crucial to find mesothelioma attorneys who have experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos producers knew about the risks of mesothelioma and other asbestos-related illnesses but didn't disclose the information to their employees or to the public.

A number of states have time limits also known as statutes or limitations that define how long an asbestos victim must file a lawsuit. These time periods vary from state-to-state, but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to compensation.

The amount of compensation a victim are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs 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, asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay substantial prizes. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that aren't resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition was caused by specific exposures.

In a court trial plaintiffs must demonstrate that they are entitled to compensation, such as past and Vimeo future medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can be long. In the last 10 years mesothelioma cases, jury awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand what to do during the trial procedure and will explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is usually easy to identify the responsible parties. This is particularly true when someone was exposed more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, vimeo or asbestos workers, to build an inventory of the companies, products, and the locations.

The cost of resolving asbestos claims drains funds which could have been used to fund future cases. In addition, some claimants believe that settlements should be founded on actual injuries and therefore deserve more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment or a finding that there was no exposure. These motions need an in-depth examination of the evidence as well as an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a backlog in the courts.