Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Research has shown that exposure to asbestos can cause lung damage and illness.

It is important that attorneys know how to spot asbestos products in every case. This can be accomplished by speaking to colleagues, obtaining documents, asbestos or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be eligible for compensation. Compensation can cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit or offer an offer of settlement to the defendants.

There are usually several defendants in a case involving asbestos 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 provided services to asbestos-using mines or manufacturers or acted in a position of employer could also be held responsible for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injury to. In a product liability suit it is claimed that injuries were caused due to the design defect or manufacturing error and that the injured person wasn't adequately warned about the risks associated with the products.

In asbestos cases, defendants typically argue that they did not do anything in a negligent manner and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to various diseases. Furthermore, companies that concealed the risks of asbestos to boost profits have been accused of covering up the issue by trying to thwart claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide on how to divide the responsibility between them in a process known as allocation. The apportionment does not affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatments for their disease and lost wages due to being unable to work. Victims may also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not take reasonable precautions 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 risk.

A person who is a victim or the estates of those who have passed away from asbestos attorney-related diseases like mesothelioma can start an asbestos lawsuit. A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages like emotional distress as well as pain and suffering and loss of enjoyment the life. Family members of someone who died due to an asbestos-related condition can make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two parties exchange information via the process known as discovery. This can last several months and may involve extensive interviews with colleagues or relatives, abatement employees, and others to identify potential defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm the victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining maximum compensation for clients.

Contact us for a complimentary consultation If you have any concerns about filing a lawsuit involving 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 all over the nation. Contact us by email or phone today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos cases usually settle instead of going to trial because it is less expensive and easier for defendant companies to resolve the matter this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their clients' medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can gather evidence and use it to create an effective mesothelioma suit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, but did not divulge the information to their employees or to the public.

A number of states have set a limit, also known as a statute of limitations, for how long asbestos victims are allowed to make a claim. These time periods vary from state to state, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos sufferers may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay out large payouts. In 2018, a federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, such as the various ways to calculate damages and if the victim's condition resulted from specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled damages, including future and asbestos past medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand what to do in the trial procedure and will explain their legal rights in an open courtroom. A qualified attorney can also help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is often easy to identify responsible parties. This is particularly true when the person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of the companies, products, and locations.

There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

The defendants in asbestos lawyer cases may argue for dismissal of claims by summary judgment or a determination of no exposure. However they must be able to provide an extensive review of evidence and an expert opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't be added to the long backlog of cases in the courts.