Asbestos Litigation

A substantial amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.

An attorney must be able recognize asbestos in every case. This can be accomplished by chatting with colleagues or obtaining records, as well as studying samples from home or work sites.

Liability

You could be eligible for compensation in the event that you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation may cover medical expenses, lost wages and other costs related to mesothelioma. You can make a claim for compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are usually multiple defendants due to the fact that there are numerous 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. In addition, companies that provided services to mines or manufacturers that used asbestos or acted as employers could be held accountable for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be sought against sellers of products if those products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused due to defective design or manufacturing and that the person injured was not adequately warned about the dangers of 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 long known that asbestos-containing products are linked to a myriad of illnesses. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of concealing the truth by trying to thwart claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility among them through a process known as allocation. The apportionment doesn't alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their disease, as well as lost wages due to being unable to work. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk.

A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could bring an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional suffering and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivor family members of someone who passed away from an asbestos-related illness can bring a wrongful death lawsuit.

Once an asbestos case has been filed the parties exchange information during a process known as discovery. This process can last for a long time and may involve lengthy interviews with coworkers, relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.

It is important for plaintiffs to have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their experience.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients.

If you have questions about filing an asbestos lawsuit, Asbestos Litigation contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and asbestos litigation Houston, Texas. We represent clients from all over the nation. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases often settle rather than go to trial, as it is less expensive and easier for defendants to settle the case in this way. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is crucial to select mesothelioma lawyers who have experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers are able to gather evidence and use it to construct a mesothelioma case that is strong and successful.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related illnesses but did not disclose this information to their workers or to the general public.

Many states have imposed a time limit, known as a statute of limitations for how long asbestos-related victims can make a claim. The time frames vary from state to state however, they are usually between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, victims will lose their right to compensation.

The amount of compensation victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims may also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some trusts are empty, while others continue to pay out significant awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

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

In a court trial plaintiffs must demonstrate that they have the right to damages, which include future and past medical expenses as well as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma juries' awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist patients understand how to proceed in the trial procedure and will explain their rights under the law in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is particularly true when the person has been exposed to asbestos in multiple locations and at different times. A seasoned mesothelioma attorney will interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive database of employers products, locations and other information.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and they deserve more compensation.

The defendants in asbestos cases may fight to have claims dismissed through summary judgment or a determination of no exposure. These motions require a thorough examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the case and make sure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.