Asbestos Litigation

In the courts across the country, asbestos lawyer litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage as well as disease.

An attorney should be able recognize asbestos in each case. This can be accomplished by talking to co-workers, getting documents, or by analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can cover lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related illness. You can make a claim or offer a settlement to the defendants.

In asbestos cases, there are generally multiple defendants as there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted as employers may also be accountable for injuries suffered by victims.

Asbestos suits typically fall under laws governing product liability which are based on the laws of the state and common law which permit damages to be recouped from sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person who suffered injury was not adequately warned of the risks that came with using the products.

The defendants in asbestos cases typically claim that they did not behave recklessly and that their products were safe, even though doctors have long acknowledged that asbestos-containing items is linked to different diseases. Moreover, companies that hid asbestos's dangers to boost profits have been accused of concealing the truth by attempting to suppress claims and by trying to prevent workers from seeking compensation for their injuries.

A jury or judge may decide how to allocate the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This process is referred to as the apportionment. The apportionment of liability does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

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

The lawsuit alleges that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed warn workers and consumers about the risk.

The estates or asbestos litigation victims of people who have died from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional distress, loss of enjoyment of life as well as pain and suffering. Family members who are survivors of someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, the two sides share information through the process known as discovery. This can last several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.

It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must be aware of the particular complexities involved in asbestos litigation and be recognized by insurers and asbestos litigation defendants for its experience in these cases.

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

If you have any questions regarding filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can also cover pain and suffering.

Asbestos cases usually settle rather than going to trial, because it is easier and cheaper for defendant companies to settle the matter in this manner. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their employees or the general public.

A number of states have set a limit, referred to a statute of limitations for how long asbestos-related victims can sue. The length of time varies between states, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their right to a fair settlement.

The amount of money that patients can receive is contingent on the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been wiped out, but others continue to award substantial awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve issues that are not resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical expenses, lost wages, damage to property as well as 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 can be long. In the past decade mesothelioma juries' awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true if an individual has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create a comprehensive database of the companies as well as their products and locations.

The cost of resolving asbestos claims drains funds which could be used to pay future cases. Additionally, some claimants believe that settlements are not based on actual injuries and they deserve more compensation.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a finding of no exposure. These motions need an in-depth examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a burden in the courts.