Asbestos Litigation

In the courts across the nation, asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage as well as disease.

It is important that attorneys know how to identify asbestos products in every case. This can be accomplished by talking with co-workers in the office, collecting records, and taking samples from homes or workplaces.

Liability

You may be entitled to compensation when you or someone you love has been diagnosed with a condition related to asbestos. Compensation can cover lost wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case.

There are usually many defendants in a case involving asbestos due to the numerous mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in an employer capacity could be held accountable for injuries sustained by victims.

Asbestos suits are typically governed by the law of product liability, which are based on state and common laws that permit damages to be recouped from sellers of products when they cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a defective design, and the injured party wasn't adequately warned of the risks associated with using the products.

Defendants in asbestos cases often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to various diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up. They tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.

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

Damages

A lawsuit filed against a business that produced or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatments for their illness as well as the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.

A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma are able to bring an asbestos lawsuit. A person may make a claim for personal injury to seek compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment of the life of. The surviving family members of those who have died due to an asbestos-related illness can also make a claim for wrongful death.

Once an asbestos-related case is initiated, the parties exchange information through the process known as discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their family selects should have an understanding of the unique complexities involved in asbestos litigation and be recognized by insurers and defendants for its experience in these cases.

LK's attorneys are asbestos litigation experts with years of experience in representing asbestos law victims and their families. We are renowned for our success in obtaining maximum compensation for clients.

If you have any questions about filing an asbestos lawsuit, contact 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 today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. This money is meant to help the victim and their family financially for the financial loss resulting from the asbestos compensation exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases are usually 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 can also avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it to construct a mesothelioma case that is strong and successful.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, corporate documents and Asbestos claim testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their employees or the general public.

Many states have imposed a time limitation, also known as a statute of limitations, on how long asbestos victims can file a lawsuit. The durations vary by state, but typically range from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to compensation.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with and how severe their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims can also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Certain trusts are depleted, but others still pay significant awards. For example, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, for instance the different methods of calculating damages and whether the victim's condition was caused by specific exposures.

In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial can be lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is usually easy to identify the parties responsible. This is particularly true when an individual was exposed to more than one kind of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers to compile a database of the companies, products, and locations.

The expense of settling asbestos Claim claims eats up funds which could be used to pay for future cases. Many claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a determination of no exposure. However these motions require an in-depth review of the evidence and an expert opinion that the measured doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma attorney can help speed up the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.