Asbestos Litigation

In the courts across the nation, Asbestos Law litigation has been a major problem. Research has proved that exposure to asbestos can cause lung damage and disease.

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

Liability

You could be eligible for compensation when you or someone you love has been diagnosed with a condition related to asbestos. Compensation can cover lost wages medical costs, and other expenses related to mesothelioma and other asbestos-related disease. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.

In asbestos cases, there will be multiple defendants because there are numerous 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. In addition, companies that offered services to mines or manufacturers who used asbestos, or who were employers could be held liable for injuries to victims.

asbestos case suits often fall under product liability laws that are based upon the laws of the state and common law which allow damages to be recouped from the sellers of products if they cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a flawed design, and that the injured party was not properly warned of the risks that came with using the products.

In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a variety of diseases. Additionally, companies that concealed asbestos's risks to increase profits have been accused of attempting to cover up in attempting to block claims and by trying to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide on how to divide the blame between them in a process known as apportionment. The apportionment process does not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also receive punitive and compensatory damages.

The lawsuit alleges the defendant acted negligently, which means 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 dangerous, but failed to inform consumers and workers of this risk.

An asbestos lawsuit can be filed by a victim, or the estate of a person who died due to an asbestos-related illness, Asbestos Law such as mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life and pain and suffering. In addition, the surviving family members of a person who died from an asbestos-related disease may bring a wrongful death lawsuit.

After an asbestos lawsuit is filed and a settlement is reached, both sides share information in the process known as discovery. This process can take 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 to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, 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 nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases usually settle rather than going to trial because it is more cost-effective and easier for defendants to settle the case this way. Settlements can also avoid the negative publicity that is associated with a verdict at trial. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct thorough research on their client's work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states have imposed a time limit, referred to a statute of limitations, on how long asbestos victims are allowed to file a lawsuit. These time periods vary by state, but usually range between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to be compensated.

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

Certain trusts are empty, while others continue to pay out significant awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure.

In a trial, plaintiffs must show that they have the right to damages, which include past and future medical expenses such 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 injury. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible parties, asbestos cases are more complicated. This is particularly true when a person was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as family members, coworkers and abatement workers to compile a database of the companies, products and places.

The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and should be compensated more.

The defendants in asbestos cases may seek to dismiss claims by the process of summary judgment or by a finding of no exposure. However, these motions require an in-depth review of the evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.