Asbestos Litigation

A significant amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure is proven to cause lung diseases and damage through research.

An attorney must be able recognize asbestos in every case. This can be accomplished by talking to colleagues, collecting documents, or by analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be entitled to compensation. Compensation may cover lost wages, medical costs and other costs associated with mesothelioma. You can choose to bring a lawsuit, or offer an offer of settlement to the defendants.

In asbestos cases, there are usually multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or who were employers could be held responsible for the victims' injuries.

Asbestos suits are typically governed by laws governing product liability that are based upon common and state laws which allow damages to be recouped from sellers of goods when the products cause injuries. In a lawsuit involving product liability where the injuries resulted from an ineffective design or fabrication, and that the injured person wasn't adequately warned about the risks associated with the products.

In asbestos cases, defendants frequently argue 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 can lead to a myriad of illnesses. Additionally, companies that concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a jury or judge may determine how to divide the blame between the defendants in a process referred to as apportionment. The apportionment does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos could help victims receive compensation. This includes the cost of medical treatments for their condition and the loss of wages due to inability to work. Victims can also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk.

An asbestos lawsuit may be filed by a victim or estate of a person who passed away from an asbestos-related condition like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life, and suffering and pain. Additionally, the surviving family members of someone who passed away due to an asbestos-related illness may pursue a wrongful-death lawsuit.

After an asbestos case is filed the parties communicate information through a process known as discovery. This may take a few months and may involve extensive interviews with colleagues, relatives, abatement workers, and others to identify potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm a victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill to get the most compensation possible for clients.

Contact us today for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are dedicated 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 from all over the country. Contact us via phone or email today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that comes from a trial verdict. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on their clients' medical records, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances these documents, it is clear that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases however, they did not communicate the information to their employees or to the public.

A number of states have set a time limit, asbestos litigation also known as a statute of limitations, for how long asbestos victims are allowed to sue. The length of time varies by state, but usually vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to receive compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other aspects. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos victims can also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been exhausted, but others still pay significant awards. In 2018, for instance, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help settle issues that are not resolved through settlement negotiations, including the different methods of calculating damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including past and future medical expenses and lost wages, damages to property as well as discomfort and pain and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The process of trial is usually long. In the last decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed in the court process and asbestos litigation explain their rights under the law in an open courtroom. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is especially true when a person has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, and asbestos workers, to build an inventory of employers, products, and places.

The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Some claimants believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can help accelerate the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.