Asbestos Litigation

A large portion of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proved to cause lung disease and damage through research.

An attorney should be able to identify asbestos in each case. This can be accomplished by talking with co-workers in the office, collecting records, and analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a disease that is related to asbestos. Compensation may cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can bring a lawsuit, or offer an agreement to the defendants.

There are typically several defendants in a case involving asbestos due to the numerous mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos or Asbestos Claim acted as employers could be held responsible for injuries suffered by victims.

Asbestos suits often fall under the law of product liability that are based on state and common laws that allow for damages to be recouped from sellers of products when those products cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or defective design and that the injured party was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products have been linked to a myriad of illnesses. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of covering up the issue by trying to thwart claims and attempting to prevent workers from seeking compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility among the defendants in a process referred to as apportionment. The apportionment does not affect the total amount of money 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 help victims obtain compensation for asbestos claim the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently which means that it did not exercise reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim, or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. A person can bring a lawsuit for personal injury in order to obtain compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life. In addition, the survivor family members of a deceased person from an asbestos-related disease can make a claim for wrongful death.

After an asbestos lawsuit is filed and the parties share information in a process known as discovery. This process can last for a long time, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that the victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

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

Contact us for a no-obligation consultation should you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases tend to settle rather than going to trial, as it is cheaper and easier for defendant companies to resolve the case this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys 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 condition. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their employees or the general public.

Many states set time limits known as statutes of limitations which determine how long an asbestos victim can bring a lawsuit. These time periods vary from state to state but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to compensation.

The amount of money victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims can also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts are depleted, but others continue to award substantial awards. In 2018 an appeals court in the U.S. 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 the better option for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court trial the plaintiffs have to prove that they have the right to compensation, such as future and past medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is often lengthy. Over the past 10 years mesothelioma-related jury awards cases have risen significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma attorney can help patients understand how to proceed in the trial process and explain their legal rights in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true when the victim was exposed to more than one kind of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to create a database of companies, products and the locations.

The expense of settling asbestos claims eats up funds which could be used to pay future cases. Furthermore, some claimants believe that settlements are not just based on injuries that actually occurred and they deserve more compensation.

Plaintiffs can challenge dismissal of Asbestos Claim claims using the process of summary judgment, or by finding that there was no exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a burden in the courts.