Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the nation. Asbestos exposure has been proved to cause lung diseases and damage through research.

It is crucial for an attorney to know how to identify asbestos-related materials in each case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can assist with the loss of wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related illness. You can either file a lawsuit or offer an agreement to the defendants.

In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in an employer capacity could be held accountable for the injuries sustained by victims.

Asbestos suits are typically governed by laws governing product liability, which are based on state and common laws which allow damages to be recovered from the sellers of products if the products cause injury. In a product liability lawsuit it is claimed that the injuries occurred due to an ineffective design or fabrication, and that the injured person was not adequately warned about the risks associated with the products.

In asbestos cases, defendants typically claim that they did not act in a negligent manner and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to various diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up. They tried to block claims and keep workers from seeking an amount of compensation for their injuries.

A jury or judge can decide how to divide responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could aid victims in recovering compensation. This includes the expense of medical treatment for their disease and lost wages due to being unable to work. Victims may also be eligible for compensation and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about the risk.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma could file an asbestos lawsuit. A person may start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. Family members of someone who has passed away due to an asbestos-related illness may also make a claim for wrongful death.

After an asbestos case has been initiated, the parties share information through a process called discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm that the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos legal litigation. They should be recognized by insurance companies as well as defendants for its expertise.

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 to get the maximum amount of compensation for our clients.

Contact us today for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that could be associated with a verdict at trial. It is crucial to find a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research about their client's medical records, work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers are able to gather evidence and use it to construct an effective mesothelioma suit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses but did not inform their workers or the general public.

A number of states have set a limitation, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The length of time varies by state, but usually vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients receive enough funds for their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up for those diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have dwindled, however others continue to award substantial payouts. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from 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 settle issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages including past and future medical costs as well as lost wages, damage to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process is typically long. In the past decade, jury awards for mesothelioma have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights 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 typically easy to determine the responsible parties involved, asbestos cases can be more complex. This is particularly true if the person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and asbestos abatement workers to compile an inventory of companies, products and places.

There is growing concern that the cost of settling claims of asbestos victims from the past has a negative impact on funds that could be used to fund future cases. Many claimants also believe that settlements don't reflect the actual damage and that they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims using summary judgment or a finding that there was not an exposure. However these motions require an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming a backlog in the courts.