Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the nation. Asbestos exposure is proven to cause lung disease and damage through research.

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

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer to settle the case with the defendants in the case.

There are usually many defendants in asbestos cases because there are a variety of 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, manufacturers or who acted in an employer capacity could also be held responsible for injuries sustained by victims.

Asbestos suits are typically governed by product liability laws that are based upon the common law and state laws which allow damages to be recouped from the seller of a product when the products cause injury. In particular, in a liability lawsuit, Asbestos Lawsuit it is claimed that the injuries were caused by manufacturing errors or defective design and that the person who suffered injury was not properly warned of the dangers that could result from using the products.

Defendants in asbestos cases often claim that they did not act negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can cause different diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up as they sought to thwart claims and stop workers from claiming financial compensation for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a jury or judge could decide how to split the responsibility among them through a process known as the apportionment. The apportionment does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

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

The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the dangers.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional anxiety as well as loss of enjoyment life and pain and suffering. Family members of someone who has died from an asbestos-related condition can make a claim for wrongful death.

After an asbestos case is filed and a settlement is reached, both sides exchange information during a process called discovery. This process can last for a long time and Asbestos Lawsuit may involve lengthy interviews with coworkers family members, abatement workers, relatives and others to discover possible defendants and their asbestos-related products.

It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.

Lawyers from LK have years of experience in representing victims and their families in asbestos law lawsuits. We are known for our ability to secure maximum compensation for our 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 in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records, work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers will find evidence of asbestos-related companies negligence. Evidence typically comes from internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing materials. These documents often reveal that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases however they didn't inform their employees or the general public.

A number of states have set a time limit, referred to a statute of limitations for the length of time asbestos victims can file a lawsuit. These time periods vary by state, but usually range from one to two years. If the statute of limitations expires before a suit for mesothelioma is filed the victim will lose their right to compensation.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to cover their medical expenses. Asbestos-related victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have dwindled, however others continue to award substantial payouts. In 2018, a federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.

In a court trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses such as lost wages, property damages and 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 10 years mesothelioma jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help patients understand how to proceed in the trial procedure and will explain their legal rights in an open courtroom. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the individuals involved, asbestos litigation are more complicated. This is particularly true when someone was exposed more than one kind of asbestos in various locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and asbestos workers, to build an inventory of companies, products, and places.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to fund future cases. In addition, some claimants believe that settlements should be founded on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However these motions require a thorough review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff received were insufficient to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the long backlog of cases in courts.