Asbestos Litigation

In courts all over the country, asbestos litigation is a huge issue. Research has proven that exposure to asbestos can cause lung damage and disease.

An attorney should be able recognize asbestos in every case. This can be done by speaking with colleagues, obtaining records, and studying samples from home or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

There are usually several defendants in an asbestos case due to the numerous mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or who acted as employers could be held liable for injuries to victims.

Asbestos suits are typically governed by the law of product liability, which are based on common and state laws that permit damages to be recouped from sellers of goods when they cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a design defect and that the injured party was not adequately warned of the risks associated with using the products.

In Anniston Asbestos lawyer cases, defendants usually argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a myriad of illnesses. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue by trying to thwart claims and trying to block workers from seeking the financial compensation they deserve for their injuries.

A jury or judge can decide on how to split the burden of responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment will not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a business that produced or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently and did not exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about this risk.

A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can make an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional anxiety and loss of enjoyment of life and suffering and pain. The surviving family members of those who have died due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

Once an de witt asbestos attorney case is filed, the two parties exchange information through a process called 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 litigation, it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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

Contact us today for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, Anniston Asbestos Lawyer and Houston, Texas. We represent clients across the nation. Contact us by email or phone today to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases usually settle rather than go to trial because it is cheaper and easier for defendants to settle the case in this way. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to select a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research about their clients' medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. Evidence usually comes from internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing materials. In many instances documents, they show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their employees or the public.

Many states have set a time limit, known as a statute of limitations, on how long asbestos victims are allowed to sue. The durations vary by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to a fair settlement.

The amount of compensation victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos sufferers may also be able to claim through trust funds established for those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been exhausted, but others continue to pay out substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed 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 solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.

In a court trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses such as loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade, jury awards for mesothelioma have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the steps to take during the trial process and explain their rights under the law in a public courtroom. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is particularly true if an individual has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and asbestos workers, to build a database of products, employers and locations.

There is a growing concern the expense of settling claims of asbestos victims from the past can drain funds which could be used to pay for future cases. Some claimants also believe that settlements do not reflect actual injuries and they are entitled to more compensation.

The defendants in asbestos cases may fight to have claims dismissed by summary judgment or a conclusion of no exposure. These motions, however, require an extensive examination of evidence as well as an expert's opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming part of the backlog in the courts.