Asbestos Litigation

A large amount of asbestos-related cases have been handled in courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease through research.

It is crucial for an attorney to know how to identify asbestos-related materials in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

You could be eligible for compensation in the event that you or someone you care about is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related illness. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.

There are usually several defendants in an asbestos-related case because there are many mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or asbestos lawsuit acted in a position of employer could also be held responsible for injuries suffered by victims.

Asbestos suits often fall under laws governing product liability, which are based on state and common laws that allow for damages to be recovered from sellers of products when they cause injury. In a suit for product liability it is claimed that injuries were caused due to the design defect or manufacturing error and that the victim wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of attempting to cover up by attempting to suppress claims and by trying to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the burden of responsibility among them in a process called apportionment. The apportionment process does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatments for their illness and lost wages because of being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the risk.

A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma can start an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life and pain and suffering. In addition, the survivors of a family members of a person who died from an asbestos-related disease can bring a wrongful death lawsuit.

When an asbestos lawsuit has been filed, the parties exchange information through the process known as discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation to our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated 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 by email or phone today to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can also help with suffering and pain.

Asbestos lawsuits are often settled instead of 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 also help avoid negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their workers or to the public.

A number of states have time limits also known as statutes or limitations which determine how long an asbestos victim has to start a lawsuit. These deadlines vary between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to a fair settlement.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with and how severe their condition is, as well as other factors. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos victims might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been wiped out, but others continue to award substantial prizes. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court of law, plaintiffs be required to prove that they are entitled to damages including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist patients understand how to proceed through the trial process and also explain their rights under the law in an open courtroom. A qualified lawyer can also help to identify potential defendants. Asbestos cases are more complex than car accident litigation, where it is usually easy to identify responsible parties. This is particularly true if an individual has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos workers, to build an inventory of the companies, products, and places.

The expense of settling asbestos claims drains funds that could have been used to pay future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and should be compensated more.

Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and an expert's view that the doses measured of asbestos that plaintiffs received were insufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma attorney can help accelerate the case and ensure that it does not become part of the long backlog of cases in the courts.