Asbestos Litigation

A substantial amount of asbestos litigation has been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and illness.

It is vital that attorneys know how to spot asbestos products in each case. This can be done through talking to colleagues, collecting reports, or looking at samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are usually multiple defendants as there are numerous mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers who used asbestos or acted as employers could be held responsible for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is built on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a lawsuit involving product liability it is claimed that the injuries were caused due to the design defect or manufacturing error and that the injured person was not adequately informed about the risks associated with the products.

In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a myriad of illnesses. Companies that hid asbestos risks to boost profits were accused of cover-up. They tried to suppress claims and prevent workers from claiming financial compensation for their injuries.

If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility among them through a process known as allocation. The apportionment does not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatment for their disease as well as the loss of wages due to being unable to work. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to inform consumers and workers about this risk.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person may start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional suffering and suffering, loss of enjoyment life and suffering and Mesothelioma Case pain. Family members of someone who died due to an asbestos-related condition can pursue a wrongful-death lawsuit.

When an asbestos-related case is filed and the parties share information in a process called discovery. It can take several months, and may require extensive interviews with colleagues or relatives, abatement employees, and others to identify possible defendants and their asbestos-related products.

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

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized as a firm that can secure the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if you have any questions about 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 throughout the country. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive 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 may also cover the pain and suffering.

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

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on the medical records of their clients and work history as well as asbestos lawyer exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then collect evidence and use it to build a mesothelioma case that is strong and successful.

During pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies' negligence. Evidence usually is found in internal memos, corporate documentation and statements of former employees who have been exposed to asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states set time limits also known as statutes or limitations, on how long asbestos victims have to make a claim. The durations vary by state, but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease, how severe their condition is and other aspects. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds set up for those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue to pay substantial awards. For example, in 2018 a federal jury awarded $70 million to the family of the family of a 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 solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses, lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial can take a long time. In the last decade mesothelioma-related jury awards cases have increased significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the steps to take through the trial process and also explain their rights under the law in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is usually easy to identify responsible parties. This is particularly true if someone has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to compile an inventory of companies, products and locations.

The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. Additionally, some claimants believe that settlements should be founded on actual injuries and therefore deserve more compensation.

Defendants can fight to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received were not enough to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.