Asbestos Litigation

A large portion of asbestos-related litigation has been handled by courts across the nation. Research has proven that exposure to asbestos can cause lung damage and illness.

An attorney must be able to recognize asbestos in each case. This can be done by talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.

Liability

You could be eligible for compensation if you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for lost wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted as employers may also be accountable for injuries suffered by victims.

Asbestos suits typically fall under the law of product liability, which are based on the laws of the state and common law which allow damages to be recovered from sellers of products when those products cause injury. In a suit for product liability where the injuries were caused by an ineffective design or fabrication, and asbestos that the victim wasn't adequately warned about the risks associated with the products.

The defendants in asbestos cases typically claim that they didn't act in a negligent way and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to different diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a judge or jury could decide how to split the blame between them in a process known as allocation. The apportionment process does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also receive compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma could make an asbestos lawsuit. A person may start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional anxiety and loss of enjoyment of life, and pain and suffering. The surviving family members of someone who has died from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case has been filed, both sides exchange information during the process known as discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complexity of asbestos litigation it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm that a victim or their family selects should be aware of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants 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 known for our ability in obtaining the highest compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to help the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that comes with a trial verdict. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos companies negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents usually show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases but did not inform their employees or the general public.

Many states have set a time limit, also known as a statute of limitations, on how long asbestos-related victims can sue. The length of time varies by state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their right to compensation.

The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is, as well as other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to pay for their medical expenses. Asbestos victims can also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Certain trusts are exhausted, but others continue to pay out huge amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a trial the plaintiffs have to prove that they are entitled to compensation, such as past and future medical expenses and loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. 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 can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially the case when a person was exposed to more than one type of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of products, employers and the locations.

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

The defendants in asbestos cases may fight to have claims dismissed by summary judgment or a determination of no exposure. These motions require an exhaustive examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer could help to speed up the process and make sure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.