Asbestos Litigation

In courts all over the nation asbestos litigation has been a significant issue. Research has proven that asbestos exposure can cause lung damage and disease.

It is crucial that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by talking to co-workers, getting reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other expenses related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or an offer of settlement to the defendants in the case.

There are typically several defendants in an asbestos case because there are numerous mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that made use of asbestos or acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits are often categorized under product liability laws which are based on state and common laws that permit damages to be recovered from the seller of a product when those products cause injury. 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 injured party was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often argue that they didn't act negligently and that their products were safe, even though doctors have long recognized asbestos-containing products is linked to different diseases. Companies that hid asbestos risks to increase profits were accused of a cover-up, and they attempted to block claims and keep workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost of medical treatments for their illness and lost wages because of being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about the dangers.

An asbestos lawsuit - her response, could be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person can file a lawsuit for personal injury to claim compensation for other and economic damages including emotional distress or pain and suffering and loss of enjoyment the life. In addition, the survivors of a family members of a person who died from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the two sides exchange information in the process known as discovery. This may take a few months and may involve lengthy interviews with coworkers or relatives, abatement employees and others to discover potential defendants as well as their asbestos-related products.

It is essential for plaintiffs to have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a 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 well-known for our expertise in obtaining the highest compensation for clients.

Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests 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 get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases often settle rather than go to trial, because it is less expensive and easier for defendants to settle the case this way. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who have been exposed to asbestos-containing materials. In many instances the documents prove that asbestos law manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not disclose this information to their workers or the general public.

A number of states have time limits also known as statutes or limitations, on how long an asbestos victim can make a claim. The time frames vary from state to state, but usually vary between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed victims will lose the right to compensation.

The amount of compensation victims receive is contingent upon the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos sufferers can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts are depleted, but some continue to pay huge amounts of money. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition resulted from specific exposures.

In a court of law, plaintiffs have to prove that they are entitled to damages, including past and future medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last decade, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed through the trial process and also explain their legal rights in a courtroom with an open door. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true if an individual has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, or abatement workers to compile an inventory of employers, asbestos lawsuit products, and places.

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

In asbestos cases, defendants can seek to dismiss claims through summary judgment or a conclusion of no exposure. However, these motions require an in-depth review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff took did not cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer could help to accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in the courts.