Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the country. Research has proven that exposure to asbestos can cause lung damage as well as disease.

It is important for an attorney to know how to identify asbestos products in every case. This can be done through conversations with coworkers or obtaining records, as well as analyzing samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can cover lost wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.

There are usually many defendants in an asbestos-related case because there are numerous mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos or who were employers could be held responsible for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be sought against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the victim wasn't adequately warned of the dangers associated with using the products.

The defendants in asbestos cases typically claim that they did not do anything negligently and that their products are safe, even though doctors have long recognized asbestos-containing products can cause different diseases. Companies that hid asbestos risks to boost profits were accused of cover-up as they sought to thwart claims and stop workers from claiming an amount of 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 how to split the responsibility among them in a process called allocation. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatments for their disease, as well as lost wages because of being unable to work. Victims may also receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional anxiety as well as loss of enjoyment life and suffering and pain. In addition, the survivor family members of a person who died from an asbestos-related disease can file a wrongful death lawsuit.

After an asbestos lawsuit is filed, both sides exchange information in the process of discovery. This process can last for a long time, and may require extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify possible defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family selects should be able to comprehend the unique complexities of asbestos lawyer litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for clients.

Contact us today for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via phone or email now to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases are often settled rather than going to trial because it is easier and cheaper for defendant companies to resolve the matter this way. Settlements also help avoid negative publicity that may come when a verdict is handed down. It is important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form of internal memos, corporate documentation and testimony of former employees who have been exposed to asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public.

A number of states have time limits which are known as statutes of limitation that define how long an asbestos victim can start a lawsuit. These time periods vary between states, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount victims will receive is contingent upon their asbestos-disease diagnosis and how severe their condition is, and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments.

Some of these trusts have been closed, but others continue to pay out large awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by an exposure.

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

A mesothelioma lawyer can assist victims understand how to proceed in the court process and explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the responsible parties, asbestos cases can be more complicated. This is especially the case when the victim was exposed to more than one type of asbestos at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and asbestos workers, to build a database of the companies, products and the locations.

The expense of settling asbestos claims eats away funds which could have been used to fund future cases. In addition, some claimants believe that settlements are not based on actual injuries and therefore deserve more compensation.

Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming a burden in the courts.