Asbestos Litigation

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

It is crucial for an attorney to know how to recognize asbestos-related products in every case. This can be done through talking to co-workers, getting documents, or analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can start a lawsuit or offer an agreement to the defendants.

There are typically multiple defendants in asbestos cases due to the numerous mining companies that produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that used asbestos or acted as employers could be held liable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is founded on state and common laws that permit damages to be recouped from producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the victim was not properly warned of 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 years that asbestos-containing products have been linked to a range of illnesses. In addition, companies who concealed the risks of asbestos to boost profits have been accused of attempting to cover up in attempting to block claims and by trying to stop workers from seeking compensation for their injuries.

A judge or jury may decide how to divide the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is called apportionment. The apportionment does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their disease, as well as lost earnings due to the inability to work. Victims can also be awarded punitive and compensatory damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn workers and consumers of this risk.

An asbestos lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related illness such as mesothelioma. A person may make a personal injury claim to claim compensation for non-economic and economic damages, including emotional distress, loss of enjoyment of life, and pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

After an asbestos case is filed, the two parties exchange information through a process called discovery. It can take several months, and may require extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.

It is crucial that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

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

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. 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 across the nation. Contact us by email or phone today to begin.

Settlements

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

Asbestos cases tend to settle instead of going to trial, because it is easier and cheaper for defendant companies to resolve the matter in this manner. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to select an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and asbestos case require lawyers to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, but didn't disclose the information to their employees or the general public.

A number of states have set a time limit, also known as a statute of limitations for how long asbestos victims can bring a lawsuit. The length of time varies between states, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to be compensated.

The amount of compensation that victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough funds to pay their medical expenses. Asbestos victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts are empty, while others continue to pay out significant awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by an exposure.

In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical expenses and lost wages, damages to property, pain and discomfort, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the trial procedure and will explain their rights under the law in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is generally easy to identify responsible parties. This is especially true if an individual has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers to compile a database of employers, products and places.

There is growing concern that the cost of settling claims from past asbestos victims is draining funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they are entitled to more compensation.

Plaintiffs in asbestos cases can argue for dismissal of claims by summary judgment or a conclusion of no exposure. However, these motions require 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. An attorney for mesothelioma can help accelerate the process and keep the case from becoming a burden in the courts.