Asbestos Litigation

In courts all over the country asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and illness.

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

Liability

If you or a loved one is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation can pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are usually several defendants since there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos or who acted as employers could be held accountable for the victims' injuries.

Asbestos lawsuits are often categorized under product liability laws which are based on the laws of the state and common law which permit damages to be recouped from sellers of products when the products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the injured party was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants often argue that they didn't act negligently and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various diseases. In addition, companies who concealed the risks of asbestos to boost profits have been accused of engaging in a cover-up by trying to thwart claims and by trying to stop workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit brought against a company that manufactured or sold asbestos products can help victims recover 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 also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed warn workers and consumers about the dangers.

An asbestos lawsuit may be filed by a victim or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional stress as well as loss of enjoyment life as well as suffering and pain. Family members who have survived someone who died due to an asbestos-related illness can also bring a wrongful death lawsuit.

Once an asbestos-related case is filed, the two parties exchange information through the process of discovery. This process can last for a long time and may involve extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill to get the most compensation possible for clients.

Contact us for a complimentary consultation for any questions about 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. Contact us now to begin.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is because it's easier and asbestos litigation cheaper for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to discover evidence of asbestos case 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 show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states set time limits also known as statutes or limitations, on how long an asbestos victim has to make a claim. These time periods vary by state, but they typically range between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma can be filed, the victims will lose their right to compensation.

The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with the severity of their condition is and other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos sufferers may also be able to claim through trust funds that have been established for those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts are empty, while others still pay substantial awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial plaintiffs must demonstrate that they have the right to damages, such as past and future medical expenses and lost wages, property damages and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can be long. In the past decade mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the trial process and also explain their legal rights in an open courtroom. A qualified attorney can also help to identify potential defendants. Asbestos cases can be more complicated than litigation involving car accidents, where it is often easy to identify the parties responsible. This is especially true when a person was exposed to more than one type of asbestos and at multiple locations. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an exhaustive list of companies products, locations and other information.

The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Some claimants also believe that settlements don't reflect the actual damage and that they are entitled to more compensation.

The defendants in asbestos cases may argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. However, these motions require a thorough review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took were insufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming a backlog in the courts.