Asbestos Litigation

In the courts across the nation 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 know how to identify asbestos-related materials in each case. This can be done through conversations with coworkers or obtaining records, as well as analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages medical costs, and other expenses related to mesothelioma and other asbestos-related illness. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are usually multiple defendants in asbestos cases because there are many 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. Furthermore, companies who supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries sustained by victims.

Asbestos suits are typically governed by laws governing product liability that are based upon state and common laws that permit damages to be recouped from sellers of products when those products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the victim was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants often claim that they did not do anything in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to different diseases. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to prevent workers from seeking compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between the defendants in a process referred to as the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that produced or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related condition like mesothelioma. A person can bring a lawsuit for personal injury to claim compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease may make a claim for wrongful death.

After an asbestos lawsuit is filed and the parties share information in the process known as discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

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 aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

Lawyers from LK have years of experience representing victims and asbestos litigation their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us by phone or email today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to help the victim and their family with financial losses resulting from the asbestos case exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases tend to settle instead of going to trial because it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements can also prevent the negative publicity that comes with a verdict at trial. It is crucial to find mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

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

There are many states that set time limits known as statutes of limitations, on how long an asbestos victim can start a lawsuit. The length of time varies from state to state, but typically range 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 compensation a victim can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds created to help those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been depleted but others continue paying out substantial awards. In 2018, for instance, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

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

In a trial plaintiffs must demonstrate that they are entitled to compensation, such as past and future medical expenses, loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma-related jury awards cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process and explain their legal right before a judge in a public courtroom. A qualified attorney can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the responsible parties, asbestos cases can be more complicated. This is particularly true if an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a comprehensive database of the companies products, locations and other information.

The expense of settling asbestos claims eats away funds that could have been used to fund future cases. Many claimants also believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions, asbestos litigation however, require a thorough examination of the evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.