Asbestos Litigation

A large amount of asbestos law-related litigation has been handled by courts across the nation. Asbestos exposure is proven to cause lung disease and damage through research.

An attorney should be able identify asbestos in each case. This can be done through conversations with coworkers or obtaining records, as well as analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love has been diagnosed with a condition related to asbestos. Compensation can be used to pay for the loss of wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or an offer of settlement to the defendants in the case.

There are typically several defendants in an asbestos-related case because there are numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in a position of employer could also be liable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be sought against the sellers of products when those products cause injuries. In a product liability suit where the injuries were caused by an ineffective design or fabrication, and that the person injured was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants often argue that they did not do anything recklessly and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products is linked to various diseases. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of concealing the truth by trying to thwart claims and by trying to prevent workers from seeking compensation for their injuries.

If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the responsibility among them through a process known as allocation. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that produced or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not take reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the dangers.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related illness such as mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages including emotional distress, pain and suffering, and loss of enjoyment the life. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two parties share information through the process of discovery. It can take several months and may include lengthy interviews with coworkers and relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.

It is essential for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining maximum compensation for asbestos law clients.

Contact us for a complimentary consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us via email or phone today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that comes 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 complicated, and attorneys must conduct extensive research about their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. 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 show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases but did not inform their employees or the general public.

Many states have set a limit, also known as a statute of limitations, to determine how long asbestos victims can file a lawsuit. The durations vary by state, but typically range between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of compensation victims receive is contingent upon the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos victims may also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.

Some trusts are closed, while some continue to pay substantial awards. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses as well as lost wages, property damages, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos Law-related injuries. The process of trial can be lengthy. In the last decade mesothelioma juries' awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process and explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is especially the case when someone was exposed more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, and abatement workers, to create an inventory of products, employers, and locations.

The expense of settling asbestos claims drains funds which could have been used to pay future cases. Many claimants also believe that settlements don't reflect actual injuries and they deserve more compensation.

Defendants can fight to dismiss asbestos claims using summary judgment or a finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert's opinion that the asbestos doses that were measured 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 backlog in the courts.