Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung disease and damage by research.

It is essential for an attorney to know how to identify asbestos-related materials in each case. This can be done by talking to colleagues, collecting documents, or by analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can pay for medical expenses, lost wages and asbestos litigation other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there will be multiple defendants as there are a variety of mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted as employers could be held accountable for the injuries sustained by victims.

Asbestos suits often fall under the law of product liability which are based on the common law and state laws that allow for damages to be recovered from the sellers of products if those products cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the person who suffered injury wasn't adequately warned of the dangers associated with using the products.

In asbestos cases, defendants typically claim that they didn't act in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Companies that concealed asbestos dangers to increase profits were accused of a cover-up. They tried to suppress claims and prevent workers from seeking financial compensation for their injuries.

A judge or jury can decide how to distribute the burden of responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is called allocation. The apportionment of liability does not alter the amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can aid victims in recovering 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 also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn workers and consumers of the danger.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life and pain and suffering. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

After an asbestos case is filed the parties exchange information during the process of discovery. This process can last for a long time and could require extensive interviews with co-workers, relatives, abatement workers and others to determine possible defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located 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 for the companies that exposed them substances. The money is intended to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that can come when a verdict is handed down. It is crucial to find mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's past work history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related ailments, but did not disclose this information to their workers or the public.

A number of states have time limits, called statutes of limitations on the time an asbestos victim can start a lawsuit. The length of time varies from state to state however, they are usually between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed victims will lose the right to receive compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos-related victims can also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been exhausted, but others continue to pay out huge amounts of money. In 2018, for instance the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

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

In a court of law, plaintiffs will be required to prove that they are entitled to damages, including future and past medical costs loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal right in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when a person was exposed to more than one kind of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or abatement workers, to create an inventory of products, employers and locations.

The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and therefore deserve more compensation.

In asbestos cases, defendants can fight to have claims dismissed by summary judgment or a determination of no exposure. However these motions require a thorough review of the evidence and an expert opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming part of the backlog in the courts.