Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and illness.

An attorney should be able to recognize asbestos in each case. This can be done by talking to colleagues, collecting reports, or looking at samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can cover lost wages medical costs, and other costs related to mesothelioma and other asbestos-related disease. You can make a claim for compensation or an offer of settlement from the defendants in the case.

There are usually many defendants in asbestos cases because there are many mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted as employers 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 recovered against the sellers of products when those products cause injuries. In a suit for product liability it is claimed that the injuries were caused due to an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with products.

In asbestos cases, defendants typically claim that they did not do anything in a negligent way and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up. They tried to block claims and keep workers from claiming an amount of compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility between them in a process known as apportionment. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

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

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

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who passed away from an asbestos-related illness such as mesothelioma. A person may file a lawsuit for personal injury to claim compensation for economic and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of a deceased person from an asbestos-related disease can make a claim for wrongful death.

When an asbestos-related case is filed, both sides communicate information through the process of discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complex nature of asbestos compensation litigation, it is important that plaintiffs have an experienced lawyer handle their case. The law firm that the victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us by email or phone today to start your journey.

Settlements

If asbestos lawsuit victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their clients' medical records and work history as well as asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.

During depositions and asbestos discovery prior to trial mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge this information to their employees or the public.

A number of states have set a limit, also known as a statute of limitations for how long asbestos-related victims can make a claim. These deadlines vary from state to state but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease the severity of their condition is, and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos-related victims can also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have been depleted but others continue to award substantial prizes. For example, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition was caused by specific exposures.

In a trial the plaintiffs have to prove that they are entitled to damages, including past and future medical expenses and lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial is usually lengthy. In the last decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help patients understand how to proceed in the trial process and explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is generally simple to identify the responsible parties. This is especially true when someone has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile an exhaustive database of the companies, products and locations.

The cost of resolving asbestos claims eats away funds that could have been used to fund future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and deserve more in compensation.

Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However, these motions require an extensive review of evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming part of the backlog in the courts.