Asbestos Litigation

In the courts across the nation asbestos litigation has been a major problem. Research has proven that exposure to asbestos can cause lung damage and disease.

An attorney must be able to identify asbestos in every case. This can be done through conversations with coworkers in the office, collecting records, and taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be entitled to compensation. Compensation can assist with the loss of wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or asbestos litigation have control of asbestos-contaminated properties. Additionally, asbestos litigation companies that supplied services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries to victims.

Asbestos suits typically fall under the law of product liability which are based on the common law and state laws that permit damages to be recovered from the sellers of products if they cause injuries. In a product liability suit it is claimed that the injuries were caused due to the design defect or manufacturing error and that the victim was not adequately informed about the dangers of the products.

In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that hid asbestos risks to increase profits were accused of cover-up. They tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to distribute the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as allocation. The apportionment of liability will not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

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

The lawsuit alleges that the defendant acted negligently which means that it did not use reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos legal was dangerous and failed to inform 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 deceased person from an asbestos-related disease like mesothelioma. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life, and suffering and pain. Family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.

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

It is important for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.

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

If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is crucial to select an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on 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 gather evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses but did not inform their workers or the general public.

A number of states have set a limit, also known as a statute of limitations, to determine how long asbestos-related victims can file a lawsuit. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, the victim will lose their right to compensation.

The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds set up for those diagnosed with mesothelioma, asbestos-related diseases.

Some trusts are empty, while others continue to award significant awards. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, for instance the various ways to calculate damages and whether the condition was caused by specific exposures.

In a trial, plaintiffs must show that they are entitled to compensation, such as future and past medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma cases, jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand how to proceed in the trial process and can explain their legal rights in an open courtroom. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties, asbestos cases can be more complicated. This is especially true if the victim was exposed to more than one type of asbestos in multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos workers, to build an inventory of products, employers, and places.

There is a growing concern that the expense of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. Some claimants also think that settlements aren't founded on actual injuries and deserve more in compensation.

Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was not an exposure. These motions need an exhaustive examination of the evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the case and ensure that it does not be added to the long backlog of cases in the courts.