Asbestos Litigation

In the courts across the country, asbestos litigation has been a major issue. Research has proved that exposure to asbestos can cause lung damage and disease.

It is essential for an attorney to understand how to identify asbestos products in every case. This can be accomplished through conversations with coworkers, obtaining records, and studying samples from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or make an offer of settlement from the defendants in the case.

In asbestos cases, there are usually multiple defendants because 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 asbestos litigation who acted as employers may also be accountable for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be recovered against the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the victim was not properly warned of the risks associated with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a range of illnesses. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility among them in a process known as allocation. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.

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 make an asbestos lawsuit. A person can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life as well as pain and suffering. Family members who are survivors of someone who has passed away due to an asbestos-related condition can pursue a wrongful-death lawsuit.

Once an asbestos case is filed, the two sides share information through an process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.

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

Contact us for a free consultation for any questions regarding filing a lawsuit against asbestos. 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 all over the nation. Call or email us today to begin.

Settlements

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

Asbestos cases usually settle rather than going to trial, as it is less expensive and easier for defendant companies to settle the matter in this manner. Settlements also avoid negative publicity that could be associated from a trial verdict. It is crucial to find an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's past work history as well as medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.

Many states have set a time limit, also known as a statute of limitations, on how long asbestos victims are allowed to bring a lawsuit. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to a fair settlement.

The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos victims may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts are empty, while others continue to pay out large amounts of money. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like the various ways to calculate damages and if the victim's condition was caused by exposures specific to the victim.

In a court trial the plaintiffs must prove that they are entitled to damages, including future and past medical expenses as well as loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is often long. In the past decade mesothelioma cases, jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand what to do through the trial procedure and will explain their rights under the law in a courtroom with an open door. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is particularly true when the person 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, relatives, abatement workers and suppliers to create an extensive list of companies products, locations and other information.

The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was not an exposure. However these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a backlog in the courts.