Asbestos Litigation

A large amount of asbestos-related litigation has been handled by courts across the country. Research has shown that asbestos exposure can cause lung damage and illness.

It is crucial for attorneys to know how to identify asbestos products in each case. This can be done by chatting with colleagues collecting records, or analyzing samples from homes or work sites.

Liability

You may be entitled to compensation If you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages, medical expenses and other costs related to mesothelioma and other asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be liable 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 the sellers of products when those products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a flawed design, and that the person who suffered injury was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants typically argue 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 myriad of illnesses. Companies that concealed asbestos risks to boost profits were accused of a cover-up, as they tried to block claims and keep workers from seeking financial compensation for injuries they sustained.

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 burden of responsibility among them in a process known as allocation. The apportionment process does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos settlement-related products could aid victims in recovering compensation for their losses. This includes the cost of medical treatment for their disease and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about the risk.

An asbestos lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may make a claim for personal injury to seek compensation for financial and other damages including emotional distress as well as pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

After an asbestos case has been filed, the parties exchange information in the process of discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs hire an experienced lawyer handle their case. The law firm the victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill to obtain the maximum amount of compensation for clients.

If you have any questions about filing an asbestos suit, contact us for a no-cost consultation. 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 across the country. Contact us via email or phone today to get started.

Settlements

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

Asbestos cases usually settle instead of going to trial, because it is easier and cheaper for defendant companies to settle the case this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to build a mesothelioma case that is strong and successful.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases, but did not divulge this information to their employees or to the general public.

A number of states have time limits which are known as statutes of limitation that define how long asbestos victims have to start a lawsuit. These time periods vary by state, but usually vary between one and two years. If the statute of limitations expires before a case for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount of compensation victims can receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds set up for those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been depleted, but others still pay significant awards. In 2018, a federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition was caused by specific exposures.

In a court of law, plaintiffs have to prove that they are entitled to damages including future and past medical expenses loss of wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process is often long. Over the past 10 years mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the steps to take through the trial process and explain their rights under the law in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is often simple to identify the responsible parties. This is particularly true when a person has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to create an extensive list of companies as well as the locations of their products and.

There is growing concern that the cost of resolving claims of asbestos victims from the past can drain funds that could be used to pay for future cases. Many claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff received did not cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help speed up the process and ensure that it does not become part of the lengthy backlog of cases in courts.