Asbestos Litigation

In courts all over the country, asbestos litigation has been a significant issue. Research has shown that asbestos exposure can cause lung damage and cause disease.

It is vital that attorneys know how to recognize asbestos-related products in every case. This can be done by chatting with colleagues, obtaining records, and analysing samples taken from homes or work sites.

Liability

You could be eligible for compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical costs, and other expenses related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or make an offer of settlement to the defendants in the case.

There are typically multiple defendants in an asbestos case because there are numerous mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries to victims.

Asbestos suits are typically governed by laws governing product liability that are based upon common and state laws which allow damages to be recouped from the seller of a product when the products cause injury. In a suit for product liability it is claimed that injuries were caused due to the design defect or manufacturing error and that the person injured was not adequately informed about the dangers associated with the products.

The defendants in asbestos cases typically argue that they did not act in a negligent way and that their products were safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause different diseases. In addition, companies who concealed asbestos's dangers to increase profits have been accused of concealing the truth by trying to thwart claims and by trying to block workers from seeking compensation for their injuries.

A judge or jury may decide how to distribute responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is referred to as allocation. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatment for their illness and lost wages because of being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, which means 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 consumers and workers of this risk.

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

Once an asbestos case has been initiated, the parties exchange information in a process called discovery. This may take a few months and could require extensive interviews with co-workers or relatives, abatement employees and others to discover potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm that the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

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

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us by phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases often settle rather than go to trial, Mesothelioma Litigation because it is cheaper and easier for the defendant company to settle the matter in this manner. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. The evidence usually comes in the form of internal memos, corporate documents, Mesothelioma Litigation and testimony from former employees who worked with asbestos-containing products. In many instances these documents, it is clear that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not disclose the information to their employees or to the public.

A number of states have time limits also known as statutes or limitations, on how long asbestos victims have to make a claim. The time frames vary from state to state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to compensation.

The amount of money victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough funds to pay their medical expenses. Asbestos victims can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to award substantial payouts. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and whether the patient's condition resulted from specific exposures.

In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process is often lengthy. In the last decade mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A Mesothelioma Litigation lawyer will help patients understand how to proceed in the trial process and explain their rights under the law in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true if an individual has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, or asbestos workers, to build a database of employers, products and places.

The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.

Plaintiffs in asbestos cases can contest claims to dismiss them through summary judgment or a conclusion of no exposure. However, these motions require an extensive review of evidence and a professional opinion that the doses measured of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in the courts.