Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the nation. Asbestos exposure has been proved to cause lung diseases and damage through research.

An attorney should be able recognize asbestos in each case. This can be accomplished by speaking with colleagues in the office, collecting records, and taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You can file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are usually several defendants since there are numerous mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for the victims' injuries.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on common and state laws that permit damages to be sought against sellers of products if those products cause injuries. In a suit for product liability, it is alleged the injuries resulted from an ineffective design or fabrication, and that the injured person was not adequately informed about the dangers associated with products.

In asbestos cases, defendants often argue that they didn't act negligently and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to make profits were accused of a cover-up, and they attempted to thwart claims and stop workers from claiming an amount of compensation for their injuries.

A judge or jury can decide how to distribute responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This is known as allocation. The apportionment does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma are able to file an asbestos lawsuit. A person can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life and suffering and pain. In addition, the survivors of a family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.

Once an asbestos-related case has been filed, the parties exchange information via the process of discovery. This process can last for a long time and could require lengthy interviews with coworkers or relatives, abatement employees and others to discover potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for our clients.

Contact us for a free consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to help the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their client's medical records, work history and Asbestos attorney exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it to build an effective mesothelioma suit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. Evidence usually comes in the form internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their employees or the general public.

There are many states that set time limits which are known as statutes of limitation on the time an asbestos victim can file a lawsuit. The length of time varies by state, but generally vary from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to a fair settlement.

The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease as well as how serious their condition is, and other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical expenses. Asbestos victims might also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma and other asbestos legal-related illnesses.

Some of these trusts are depleted, but others continue to pay out substantial awards. For example, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

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

In a court of law, plaintiffs will be required to prove that they are entitled damages, including past and future medical expenses and lost wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically lengthy. In the last decade mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is generally simple to identify the responsible parties. This is particularly true when someone was exposed more than one kind of asbestos and in multiple places. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and asbestos workers, to build a database of employers, products and the locations.

There is a growing concern the expense of settling claims from past asbestos victims can drain funds that could be used to pay for future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

In asbestos cases, defendants can seek to dismiss claims through summary judgment or a finding of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses of asbestos the plaintiff took were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a burden in the courts.