asbestos law Litigation

In courts all over the country, asbestos litigation is a huge issue. Asbestos exposure has been proved to cause lung damage and lung disease by research.

It is important that attorneys know how to identify asbestos products in each case. This can be done by discussing with colleagues, obtaining records, or analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation when you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can choose to file a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there will be multiple defendants as there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits are often categorized under the law of product liability, which are based on state and common laws which allow damages to be recouped from sellers of products when they cause injuries. In a product liability suit, it is alleged the injuries were caused by the design defect or manufacturing error and that the victim was not adequately warned about the dangers associated with products.

In asbestos cases, defendants usually assert 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 wide range of ailments. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to block workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their disease and the loss of wages due to being unable to work. Victims also may receive compensatory and asbestos claim punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the dangers.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma could make an asbestos claim lawsuit. A person may make a claim for personal injury in order to obtain compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment the life. In addition, the survivor family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.

After an asbestos case is initiated, the parties exchange information through the process known as discovery. This may take a few months and may include extensive interviews with colleagues, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

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

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to begin.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can help cover pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's past work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it to build a mesothelioma lawsuit that is strong.

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

Many states have set a time limit, referred to a statute of limitations for how long asbestos victims can bring a lawsuit. The time frames vary from state to state, but typically range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victim will lose their right to receive compensation.

The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos victims might also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been closed, while some continue to pay huge amounts of money. In 2018, for instance an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help settle issues 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 be required to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is often long. In the past decade, jury awards for mesothelioma have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is usually easy to identify responsible parties. This is particularly true when a person was exposed to more than one type of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of employers, products, and places.

There is growing concern that the expense of settling claims of asbestos victims from the past is consuming funds which could be used to pay for future cases. Some claimants also believe that settlements aren't basing on actual injuries and deserve more in compensation.

The defendants in asbestos cases may contest claims to dismiss them by summary judgment or a finding of no exposure. However, these motions require an exhaustive review of the evidence and an expert opinion that the doses measured of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming a burden in the courts.