Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and illness.

An attorney should be able to recognize asbestos in every case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you love has been diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

In asbestos cases, there will be multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted as employers may also be accountable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on common and state laws that permit damages to be recouped from producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a flawed design, and that the victim was not adequately warned about the risks that came 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 a long time that asbestos-containing products can lead to a myriad of illnesses. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of covering up the issue in attempting to block claims and by trying to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury can decide how to divide the blame between them in a process known as the apportionment. The apportionment of liability does not affect the total amount of money a 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 can aid victims in recovering compensation for their losses. This includes the expense of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn consumers and workers of the danger.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease like mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for other and economic damages, such as emotional distress and pain and suffering and loss of enjoyment of the life of. Family members of someone who has passed away due to an asbestos-related illness can also file a wrongful deaths lawsuit.

After an asbestos case is filed the parties share information in the process of discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.

Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. 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 throughout the United States. Call or email us today to begin.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. This money is meant to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases are often settled rather than going to trial, because it is more cost-effective and easier for the defendant company to settle the matter this way. Settlements also help avoid negative publicity that comes with a trial verdict. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it in an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing products. In many cases, these documents show that asbestos producers knew about mesothelioma's risks and other asbestos-related illnesses but did not disclose this information to their workers or to the public.

A number of states have set a limit, referred to a statute of limitations, for how long asbestos victims are allowed to sue. The length of time varies by state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their rights to be compensated.

The amount of compensation a victim can receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims may also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have been closed, but others continue to pay substantial awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by a specific exposure.

In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma jury awards cases have risen significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is often simple to identify the responsible parties. This is particularly true if a person has been exposed to asbestos law in more than one place and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or asbestos case abatement workers, to create an inventory of companies, products, and the locations.

The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and deserve more in compensation.

In asbestos cases, defendants can contest claims to dismiss them through summary judgment or a finding of no exposure. However they must be able to provide a thorough review of the evidence and an expert's opinion that the measured doses of asbestos attorney that the plaintiff was exposed to did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming a backlog in the courts.