Asbestos Litigation

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

It is essential that attorneys know how to identify asbestos-related materials in every case. This can be done through conversations with coworkers, 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 may be entitled to compensation. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can make a claim for compensation or make an offer of settlement from the defendants in the case.

There are usually several defendants in a case involving asbestos because there are many 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. Companies that provided services to asbestos-using mines, manufacturers or in the capacity of an employer could also be liable for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the victim was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a myriad of illnesses. Companies that concealed asbestos risks to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from claiming an amount of compensation for their injuries.

A jury or judge may decide how to divide the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This is known as the apportionment. The apportionment process does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a risk and 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 diseases like mesothelioma could start an asbestos lawsuit. A person may start a personal injury suit to seek compensation for non-economic and Asbestos Law economic damages, including emotional suffering and loss of enjoyment of life and suffering and pain. Family members who are survivors of someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit.

When an asbestos-related case is filed and the parties exchange information in a process known as discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

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

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for clients.

Contact us for a free consultation for any questions about filing 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 and Houston, Texas. We represent clients across the country. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases are often settled instead of going to trial because it is easier and cheaper for defendants to settle the matter this way. Settlements also help avoid negative publicity that could be associated when a verdict is handed down. It is crucial to select an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos lawyer-related diseases however, they didn't tell their employees or the general public.

There are many states that set time limits which are known as statutes of limitation on the time asbestos victims have to bring a lawsuit. The length of time varies by state, but usually vary between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose the right to compensation.

The amount of money victims receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure patients have enough funds to pay their medical expenses. Asbestos victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases.

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

Trials

Trials are the best option for Asbestos law victims than settlement offers. Trials can also help resolve issues that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the victim's condition resulted from specific exposures.

In a court trial the plaintiffs must prove that they have the right to compensation, such as future and past medical expenses as well as loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed through the trial process and can explain their legal rights in an open courtroom. A qualified attorney can also help to identify potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the individuals involved, asbestos litigation are more complicated. This is particularly true if a person has been exposed to asbestos in more than one location and at different times. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to create an extensive list of companies, products and locations.

The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Some claimants also believe that settlements are not founded on actual injuries and deserve more in compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming a backlog in the courts.