Asbestos Litigation

In the courts across the nation asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung disease and damage by research.

It is vital that attorneys know how to recognize asbestos-related products in every case. This can be done by talking with co-workers in the office, collecting records, and taking samples from homes or work sites.

Liability

You could be eligible for compensation when you or someone you care about is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are typically many defendants in an asbestos case due to the numerous mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in the capacity of an employer could also be held responsible for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law which is based on common and state laws that allow damages to be recouped from producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the victim was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants typically claim that they did not do anything negligently and that their products were safe, despite the fact that doctors have long recognized asbestos-containing items is linked to various diseases. In addition, companies who concealed asbestos's dangers to increase profits have been accused of covering up the issue by attempting to suppress claims and attempting to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries, a judge or jury can decide how to divide the burden of responsibility among the defendants in a process referred to as allocation. The apportionment doesn't alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost of medical treatment for their condition, as well as lost wages due to being unable to work. Victims could 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. The lawsuit also claims that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about the risk.

A victim or the estates of people who have died from asbestos-related diseases like mesothelioma can bring an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life of. Family members of someone who has died from an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos-related case is filed, the parties share information through the process of discovery. The process can last for 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 have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, please 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 from all over the nation. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases often settle instead of going to trial, as it is less expensive and easier for defendant companies to resolve the matter in this manner. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. Evidence typically comes from internal memos, corporate documents and the testimony of former employees who have worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their employees or to the general public.

Many states have imposed a time limit, referred to a statute of limitations, for how long asbestos lawyer-related victims can sue. The time frames vary from state to state however, they are usually between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to compensation.

The amount victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is and other aspects. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough funds for their medical bills. Asbestos sufferers may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts are closed, while others still pay large amounts of money. In 2018, for instance a 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 resolve issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and whether the condition was caused by specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical costs loss of wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take in the court process and explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is particularly true when someone was exposed more than one kind of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers or relatives, abatement workers and suppliers to create a comprehensive database of employers as well as their products and asbestos locations.

There is growing concern that the expense of settling claims from past asbestos victims is consuming funds that could be used to fund future cases. Some claimants are also of the opinion that settlements do not accurately reflect their actual injuries and therefore they deserve more compensation.

Defense attorneys can argue to dismiss asbestos attorney claims using summary judgment, or a finding that there was not an exposure. These motions, however, require a thorough examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming a burden in the courts.