Asbestos Litigation

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

An attorney must be able to identify asbestos in each case. This can be done by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you care about is diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You can either make a claim or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants as there are a variety of mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for the injuries of victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on common and state laws that allow damages to be awarded against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the person who suffered injury was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a variety of diseases. Companies that concealed asbestos compensation-related risks to make profits were accused of a cover-up, as they tried to suppress claims and prevent workers from claiming an amount of compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the responsibility among them in a process known as allocation. The apportionment process does not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently and did not take reasonable precautions to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn workers and consumers of this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment the life. Family members who are survivors of someone who has died from an asbestos-related condition can file a wrongful deaths lawsuit.

Once an asbestos case has been filed and a settlement is reached, both sides communicate information through the process of discovery. This may take a few months, and may require lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer to handle their case. The law firm that the victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos lawsuits are often settled instead of 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 can help prevent the negative publicity that comes when a jury verdict is handed down. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos lawyer-producing businesses that could be responsible for the illness. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but did not disclose this information to their employees or the general public.

Many states set time limitations also known as statutes or limitations which determine how long asbestos victims have to start a lawsuit. The length of time varies by state, but they typically vary between one and two years. If the statute of limitations expires before a suit for mesothelioma can be filed, victims will lose the right to receive compensation.

The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys will consider the cost of treatment and other expenses during negotiations 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 in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments.

Some of these trusts have been exhausted, but others continue to award substantial awards. In 2018, for instance the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by an exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including future and past medical expenses as well as lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last decade mesothelioma jury awards cases have increased significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand asbestos case what to do during the trial procedure and will explain their legal rights in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially true when a person has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers, to create a database of the companies, products, and the locations.

There is growing concern that the cost of settling claims from asbestos victims in the past has a negative impact on funds which could be used to fund future cases. Some claimants also believe that settlements aren't just based on injuries that actually occurred and therefore deserve more compensation.

The defendants can seek to dismiss asbestos claims using summary judgment, or a finding that there was no exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming part of the backlog in the courts.