Asbestos Litigation

A significant amount of asbestos-related litigation has been handled by courts across the nation. Asbestos exposure has been proven to cause lung disease and damage by research.

An attorney must be able to identify asbestos in every case. This can be accomplished by talking to colleagues, collecting reports, or looking at samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation may help pay for lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related illness. You can choose to make a claim or offer an offer of settlement to the defendants.

There are typically many defendants in asbestos cases due to the numerous mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or as employers may also be accountable for injuries sustained by victims.

Asbestos suits typically fall under product liability laws that are based upon state and common laws which permit damages to be recouped from sellers of goods when they cause injuries. In a product liability suit it is claimed that injuries were caused by the design defect or manufacturing error and that the person who was injured was not adequately warned of the risks associated with the products.

In asbestos cases, defendants often 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 are linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury may determine how to divide the responsibility among the defendants in a process referred to as apportionment. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and asbestos attorney lost wages as a result of being unable to do their job. Victims may also receive compensation and punitive damages.

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

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. An individual can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life and suffering and pain. Family members who have survived those who have died due to an asbestos-related illness can also make a claim for wrongful death.

After an asbestos case is filed and the parties exchange information during the process known as discovery. This process can last for a long time and may involve extensive interviews with colleagues or relatives, abatement employees, and others to identify potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases.

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

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving 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 from all over the nation. Call or email us today to begin.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to provide the victim and asbestos attorney their family members for financial losses caused by asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it in the preparation of an effective mesothelioma suit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. The evidence typically is found in the form 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 diseases but did not inform their workers or the general public.

Many states have set a time limit, known as a statute of limitations, on how long asbestos victims are allowed to file a lawsuit. These time periods vary between states, 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 their right to receive compensation.

The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with and how severe their condition is, as well as other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough funds for their medical bills. Asbestos Attorney victims may also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related ailments.

Certain trusts have been wiped out, but others continue to pay out large prizes. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, such as future and past medical expenses as well as loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties involved, asbestos cases can be more complicated. This is especially true when an individual was exposed to more than one kind of asbestos and at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of employers, products and locations.

The cost of resolving asbestos claims drains funds that could have been used to fund future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a determination of no exposure. These motions need an extensive examination of evidence as well as an expert's assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming a backlog in the courts.