Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the nation. Asbestos exposure has been shown to cause lung disease and damage through research.

An attorney should be able to identify asbestos in each case. This can be accomplished by chatting with colleagues or obtaining records, as well as studying samples from home or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can pay for medical expenses, lost wages and other costs related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case.

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

Asbestos suits are typically governed by products liability laws that are based upon the laws of the state and common law which allow damages to be recouped from sellers of goods when those products cause injury. In a product liability lawsuit where the injuries occurred due to an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers of the products.

The defendants in asbestos cases typically argue that they didn't act negligently and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause different diseases. Companies that hid asbestos dangers to increase profits were accused of cover-up. They tried to block claims and keep workers from claiming an amount of compensation for their injuries.

A jury or judge may decide how to allocate the responsibility among defendants when more than one defendant is identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be hazardous and failed to in educating consumers and workers about the risk.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who died due to an asbestos-related illness, like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment the life. Family members of someone who has passed away due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, the parties exchange information via the process known as discovery. It can take several months, and may require extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation it is essential that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its experience in these cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake foster city asbestos attorney, Utah and Houston, Texas. We represent clients from all over the nation. Contact us now to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation may 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 this way. Settlements also avoid negative publicity that comes with a verdict at trial. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the illness. Lawyers can then collect evidence and use it to create a mesothelioma case that is strong and successful.

During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies negligence. Evidence usually comes from internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing material. These documents typically show that asbestos producers were aware of the dangers of mesothelioma and steger asbestos lawyer other asbestos-related illnesses but did not inform their workers or the general public.

Many states set time limits known as statutes of limitations on the time asbestos victims have to make a claim. The length of time varies from state to state but are typically between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, the victim will lose their right to receive compensation.

The amount of compensation that victims can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to pay their medical expenses. Asbestos victims might also be able to claim through trust funds established to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been wiped out, but others continue paying out substantial awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving issues that aren't resolved through settlement negotiations, such as differences in how to calculate damages and if the victim's condition resulted from specific exposures.

In a trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses, loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma cases, jury verdicts cases have increased dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand what to do in the trial process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the parties, asbestos cases are more complicated. This is especially true if someone was exposed more than one type of Steger asbestos lawyer (vimeo.com) in multiple places. A seasoned mesothelioma attorney will speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile an extensive list of companies, products and locations.

The expense of settling asbestos claims drains funds that could have been used to fund future cases. Some claimants also believe that settlements do not reflect the actual damage and that they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions require an exhaustive examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming part of the backlog in the courts.