Asbestos Litigation

A large portion of asbestos-related litigation has been dealt with in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney must be able identify asbestos in each case. This can be accomplished by chatting with colleagues in the office, collecting records, and analysing samples taken from homes or work sites.

Liability

You may be entitled to compensation when you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or an offer to settle the case with the defendants in the case.

There are typically multiple defendants in a case involving asbestos due to the 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. Furthermore, companies who provided services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits often fall under laws governing product liability that are based on the common law and state laws that permit damages to be recouped from sellers of goods when those products cause injury. In a lawsuit involving product liability where the injuries were caused by an ineffective design or fabrication, and that the person who was injured was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants usually assert 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 are linked to a range of illnesses. Moreover, Asbestos Attorney companies that hid asbestos's dangers to boost profits have been accused of concealing the truth in attempting to block claims and also to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility among them in a process known as apportionment. The apportionment will not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment for their disease and the loss of wages due to being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning it did not exercise reasonable care 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 in educating consumers and workers about this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress as well as loss of enjoyment life as well as pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related illness may also bring a wrongful death lawsuit.

When an asbestos-related case is filed, both sides share information in a process known as discovery. It can take several months, and may require extensive interviews with co-workers, relatives, abatement workers and others to determine possible defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer handle their case. The law firm that a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us now to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can cover pain and suffering.

Asbestos cases tend to settle rather than going to trial because it is easier and cheaper for the defendant company to settle the case in this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is essential to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to construct a strong mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing material. These documents often show that Asbestos attorney manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states have imposed a time limit, referred to a statute of limitations, to determine the length of time asbestos victims can make a claim. The length of time varies by 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 rights to a fair settlement.

The amount of compensation a victim 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 when negotiating to ensure that patients have enough money to pay for their medical expenses. Asbestos sufferers may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been empty, while others continue to award large amounts of money. In 2018 the United States court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the condition was caused by exposures specific to the victim.

In a court trial, plaintiffs must show that they have the right to damages, such as future and past medical expenses, loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma attorney can help patients understand how to proceed in the court process and can explain their rights under the law in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true if someone was exposed more than one type of asbestos in multiple locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to compile a detailed database of employers products, locations and other information.

The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Some claimants also believe that settlements are not based on actual injuries and deserve more in compensation.

Defense attorneys can argue to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a part of the backlog in the courts.