Asbestos Litigation

In courts all over the country, asbestos litigation has been a significant issue. Studies have proven that exposure to asbestos can cause lung damage and cause disease.

It is essential that attorneys know how to recognize asbestos-related products in every case. This can be done by talking to colleagues, collecting records, or analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can help with lost wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case.

There are usually several defendants in an asbestos case because there are a variety of mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers who used asbestos, or who were employers could be held responsible for the victims' injuries.

Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on common and state laws that permit damages to be recovered against manufacturers of products if the products cause injuries. In a suit for product liability where the injuries resulted from an ineffective design or fabrication, and that the injured person was not adequately informed about the risks associated with the products.

In asbestos cases, defendants typically claim that they did not behave recklessly and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up by attempting to suppress claims and by trying to stop workers from seeking compensation for their injuries.

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

Damages

A lawsuit against a business which manufactured or sold asbestos can help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also receive punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently which means that it 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 consumers and workers of the danger.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos lawyer-related disease like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional distress and suffering, loss of enjoyment life and pain and suffering. In addition, the survivors of a family members of a person who died due to an asbestos-related illness may bring a wrongful death lawsuit.

Once an asbestos case has been filed, both sides exchange information during a process called discovery. It can take several months and could require lengthy interviews with coworkers, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.

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

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

If you have questions about filing an asbestos lawsuit, call us for a no-cost 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 country. Contact us now to begin.

Settlements

When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos cases tend to settle rather than go to trial, as it is more cost-effective and easier for the defendant company to settle the case this way. Settlements also reduce the negative publicity that comes when a verdict is handed down. It is essential to choose mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers can then collect evidence and use it to create a strong mesothelioma lawsuit.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who been exposed to asbestos-containing materials. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases however they didn't inform their employees or the general public.

Many states have imposed a time limit, referred to a statute of limitations, for how long asbestos victims can sue. The durations vary by state, but generally vary from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to receive compensation.

The amount of money victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims may also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts have been wiped out, but others continue to pay substantial 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

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

In a court trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The process of trial is usually long. In the last 10 years mesothelioma cases, jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand Asbestos case what to do through the trial process and can explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is generally easy to identify responsible parties. This is especially true if a person was exposed to more than one type of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and asbestos workers, to build an inventory of products, employers and locations.

There is a growing concern the cost of settling claims of asbestos victims from the past is draining funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defendants in asbestos cases can seek to dismiss claims by the process of summary judgment or by a finding of no exposure. However the motions must be based on an extensive review of evidence and an expert opinion that the doses measured of asbestos the plaintiff took were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming a backlog in the courts.