Asbestos Litigation

In courts all over the country, asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung diseases and damage by research.

It is essential for an attorney to understand how to identify asbestos products in each case. This can be done by speaking with colleagues collecting records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you love is diagnosed with a condition related to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are typically multiple defendants in an asbestos-related case because there are a variety of mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in a position of employer could also be liable for injuries sustained by victims.

Asbestos suits typically fall under products liability laws, which are based on state and common laws which permit damages to be recovered from the sellers of products if they cause injuries. In a suit for product liability, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the victim was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants often argue that they did not act recklessly and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Companies that hid asbestos risks to increase profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to divide responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as apportionment. The apportionment process does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not take reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional suffering as well as loss of enjoyment life, and suffering and pain. Family members who have survived someone who has passed away due to an asbestos attorney-related condition can file a wrongful deaths lawsuit.

After an asbestos case is filed, both sides share information in a process called discovery. It can take several months, and may require lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants and asbestos-related products.

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

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for clients.

Contact us for a complimentary consultation if you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases are often settled rather than going to trial, as it is easier and cheaper for defendant companies to settle the matter in this manner. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related illnesses however they didn't inform their employees or the general public.

A number of states have time limits known as statutes of limitations on the time an asbestos victim has to bring a lawsuit. These time periods vary from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement.

The amount victims can receive depends on their asbestos-disease diagnosis, how severe their condition is, asbestos litigation and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been wiped out, but others continue to pay substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition resulted from specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including past and future medical expenses and lost wages, damages to property, pain and discomfort, and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is particularly true if the person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and abatement workers, to create a database of products, employers, and places.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Additionally, asbestos litigation some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.

The defendants in asbestos cases may seek to dismiss claims through summary judgment or a finding of no exposure. However they must be able to provide an in-depth review of the evidence and an expert opinion that the doses of asbestos the plaintiff received were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.