Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and cause disease.

An attorney should be able to recognize asbestos in each case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be eligible for compensation. Compensation can help with lost wages medical expenses, as well as other expenses that are associated with mesothelioma or an asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

There are usually several defendants in asbestos cases because there are numerous mining companies that produced asbestos and manufacturers of the products that contained asbestos legal. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that made use of asbestos or who were employers could be held liable for injuries to victims.

Asbestos suits are typically governed by product liability laws which are based on the common law and state laws which permit damages to be recovered from sellers of goods when the products cause injuries. In a product liability lawsuit it is claimed that injuries were caused by the design defect or manufacturing error and that the person injured was not adequately warned about the dangers associated with products.

The defendants in asbestos cases typically argue that they did not do anything in a negligent manner and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can cause various illnesses. In addition, companies who concealed asbestos attorney's risks to boost profits have been accused of covering up the issue by trying to thwart claims and trying to prevent workers from seeking the financial compensation they deserve 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 burden of responsibility among them in a process called 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 made or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for asbestos case their illness, as well as lost wages due to inability to work. Victims could also be awarded compensation and punitive damages.

The lawsuit claims that the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the dangers.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma could start an asbestos lawsuit. A person can bring a lawsuit for personal injury in order to obtain compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. The surviving family members of someone who has passed away due to an asbestos-related illness may also bring a wrongful death lawsuit.

Once an asbestos case has been filed and the parties communicate information through the process of discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that the victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to secure the highest amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, call us for a free 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 across the nation. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them to dangerous substances. This money is meant to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial, as it is less expensive and easier for defendants to settle the case this way. Settlements also avoid negative publicity that can come with a trial verdict. It is essential to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research on their client's past work history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases but didn't disclose this information to their workers or to the general public.

Many states set time limitations which are known as statutes of limitation that define how long asbestos victims have to file a lawsuit. The length of time varies from state-to-state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to be compensated.

The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease and how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Some of these trusts have been empty, while some continue to pay 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 contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, such as future and past medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last decade mesothelioma jury awards cases have increased dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the steps to take during the trial procedure and will explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is usually easy to identify the responsible parties. This is especially true if a person was exposed to more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, and abatement workers to compile an inventory of products, employers and the locations.

There is a growing concern that the cost of resolving claims from past asbestos victims has a negative impact on funds that could be used to pay for future cases. Some claimants believe that settlements do not reflect the actual damage and that they deserve more compensation.

Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a finding of no exposure. However, these motions require an in-depth review of the evidence and an expert opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.