Asbestos Litigation

In the courts across the country, asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage and illness.

It is important for an attorney to understand how to spot asbestos products in each case. This can be accomplished by discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages medical costs, and other costs associated with mesothelioma or another asbestos-related illness. You can start a lawsuit or offer an agreement to the defendants.

There are typically several defendants in an asbestos case because there are numerous 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. Businesses that provided services to asbestos-using mines, manufacturers or acted as employers may also be accountable for the injuries sustained by victims.

Asbestos suits typically fall under products liability laws that are based upon the laws of the state and common law that permit damages to be recouped from the seller of a product when the products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a defective design, and Asbestos case the victim was not adequately warned of the risks associated with using the products.

The defendants in asbestos cases typically claim that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of covering up the issue by attempting to suppress claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit against a company that produced or sold asbestos can assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, meaning that it failed to 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, but failed to inform consumers and workers about the risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can file a lawsuit for personal injury to seek compensation for financial and other damages including emotional distress or pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family of someone who died from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case is initiated, the parties exchange information via the process known as discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family chooses be aware of the particular complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for clients.

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving 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 throughout the United States. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos cases usually settle instead of going to trial, because it is easier and cheaper for the defendant company to settle the matter this way. Settlements also reduce the negative publicity that can come from a trial verdict. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can gather evidence and use it in the preparation of an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes in the form of internal memos, corporate documentation and testimony of former employees who have worked with asbestos legal-containing products. These documents often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses however they didn't inform their employees or the general public.

A number of states have imposed a time limitation, also known as a statute of limitations, on how long asbestos victims are allowed to make a claim. The time frames vary from state to state, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough money for their medical bills. Asbestos sufferers may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have dwindled, however others continue paying out substantial payouts. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient's condition was caused by an exposure.

In a court trial plaintiffs must demonstrate that they have the right to damages, which include past and future medical expenses such as loss of earnings, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The process of trial is usually long. In the past decade mesothelioma juries' awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand how to proceed in the trial process and can explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is often easy to identify responsible parties. This is especially true if a person was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a comprehensive database of the companies, products and locations.

There is growing concern that the cost of resolving claims of asbestos victims from the past is consuming funds that could be used to fund future cases. Some claimants also believe that settlements do not reflect actual injuries, and they deserve more compensation.

Plaintiffs in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. However these motions require a thorough review of the evidence and an expert's view that the measured doses of asbestos that plaintiffs received were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and asbestos case keep the case from becoming part of the backlog in the courts.