Asbestos Litigation

In the courts across the country asbestos litigation has been a major issue. Studies have proven that asbestos exposure can cause lung damage and illness.

An attorney should be able to recognize asbestos in each case. This can be accomplished by chatting with colleagues, obtaining records, and taking samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you may be qualified for compensation. Compensation can be used to pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

There are typically multiple defendants in an asbestos-related case due to the numerous mining companies that produced asbestos and also the manufacture 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 that made use of asbestos or who were employers could be held liable for injuries to victims.

Asbestos suits are typically governed by products liability laws that 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 claimed that the injuries were caused due to a flawed or a defective design, and the victim was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a wide range of ailments. Companies that concealed asbestos-related risks to make profits were accused of cover-up, and they attempted to deny claims and block workers from claiming an amount of compensation for their injuries.

A judge or jury may decide how to allocate the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment doesn't alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the costs of medical treatment for their illness and the loss of wages due to inability to work. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently and did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about the risk.

A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. A person can start a personal injury suit to seek compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life as well as pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related disease can bring a wrongful death lawsuit.

When an asbestos-related case is filed the parties exchange information during the process of discovery. This may take a few months and may involve lengthy interviews with coworkers, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned as a firm that can secure maximum compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may cover the suffering and pain.

Asbestos cases tend to settle rather than going to trial because it is less expensive and easier for defendant companies to settle the case in this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. Lawyers can then collect evidence and use it to create a mesothelioma case that is strong and successful.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. Evidence usually comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing materials. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their workers or the general public.

A number of states have set a limit, also known as a statute of limitations, on how long asbestos victims can file a lawsuit. The durations vary by state, but they typically range from one to two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed victims will lose their right to receive compensation.

The amount of compensation that victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other costs when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Some of these trusts have been closed, while others continue to award large amounts of money. For instance, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the condition resulted from specific exposures.

In a court trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses, lost wages, property damage and 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 decade mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help patients understand how to proceed through the trial process and explain their rights under the law in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation are more complicated. This is particularly true when a person has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers, to compile an inventory of products, employers and locations.

There is a growing concern that the cost of resolving claims from asbestos victims in the past has a negative impact on funds which could be used to pay for future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation.

Defendants in asbestos cases can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a burden in the courts.