Asbestos Litigation

A large portion of asbestos-related cases have been handled in courts across the nation. Research has proved that asbestos exposure can cause lung damage and illness.

An attorney should be able identify asbestos in each case. This can be done through conversations with coworkers collecting records, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation may cover lost wages, medical costs as well as other expenses 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 multiple defendants in an asbestos-related case because there are many mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in an employer capacity could also be liable for the injuries of victims.

Asbestos suits typically fall under laws governing product liability that are based upon common and state laws that permit damages to be recouped from the sellers of products if they cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the person injured was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers in order to increase profits have been accused of concealing the truth by trying to thwart claims and trying to block workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to distribute the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment of liability does not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims can also be awarded punitive and compensatory damages.

The lawsuit alleges that the defendant was negligent, asbestos lawsuit meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to warn workers and consumers of this risk.

An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related disease like mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional suffering and loss of enjoyment of life and pain and suffering. Family members who are survivors of someone who has died from an asbestos-related condition can file a wrongful deaths lawsuit.

After an asbestos lawsuit is filed and a settlement is reached, both sides communicate information through a process called discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complexity of asbestos litigation it is essential that plaintiffs have an experienced lawyer handling their case. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

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

Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is meant to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases often settle rather than go to trial because it is easier and cheaper for defendant companies to settle the case in this way. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is crucial to find mesothelioma attorneys who have experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos-related companies' negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances these documents, it is clear that asbestos producers knew about the dangers of mesothelioma and Asbestos lawsuit other asbestos-related diseases, but did not divulge this information to their employees or to the public.

There are many states that set time limits known as statutes of limitations on the time an asbestos victim can bring a lawsuit. The time frames vary from state to state, but they typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, the victim will lose their right to compensation.

The amount of compensation a victim are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments.

Certain trusts have dwindled, however others continue to pay out large prizes. For instance, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the condition was caused by exposures specific to the victim.

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

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A qualified lawyer can also help to identify potential defendants. Unlike car accident litigation where it is typically easy to identify the parties involved, asbestos cases can be more complex. This is especially true if an individual was exposed to more than one kind of asbestos and in multiple places. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a detailed list of companies, products and locations.

The cost of resolving asbestos claims drains funds that could have been used to pay future cases. Some claimants also believe that settlements do not reflect the actual damage and that they should be compensated more.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a determination of no exposure. However the motions must be based on a thorough review of the evidence and an expert's view that the doses of asbestos that plaintiffs received were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in the courts.