Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.

An attorney must be able recognize asbestos in each case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation may cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can choose to file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are usually several defendants since there are numerous mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that made use of asbestos or who were employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on common and state laws that permit damages to be recouped from producers of products if those products cause injury to. In a product liability lawsuit where the injuries resulted from defective design or manufacturing and that the victim was not adequately informed about the dangers associated with products.

In asbestos cases, defendants typically argue that they did not do anything recklessly and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products is linked to different diseases. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue by attempting to suppress claims and also to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for the victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility between them in a process called the apportionment. The apportionment process does not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost for 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, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that Asbestos Law could be hazardous and failed to inform consumers and workers about this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related illness such as mesothelioma. A person can bring a lawsuit for personal injury to claim compensation for economic and other damages like emotional distress and pain and suffering and loss of enjoyment the life. The surviving family members of someone who has died from an asbestos-related condition can file a wrongful deaths lawsuit.

After an asbestos case has been filed, the two sides exchange information through the process of discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via phone or email today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is more cost-effective and easier for defendants to settle the matter this way. Settlements also reduce the negative publicity that may come from a trial verdict. It is essential to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing materials. In many instances documents, they show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related ailments, but did not disclose the information to their employees or the general public.

Many states have set a time limit, referred to a statute of limitations, for the length of time asbestos victims can 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 runs out before a mesothelioma case is filed, victims lose their rights to be compensated.

The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive and how severe their condition is and other factors. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos victims may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma as well as other asbestos-related diseases.

Certain trusts have been closed, but others continue to pay out large awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.

In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical costs loss of wages, damages to property or property, pain and discomfort and Asbestos law loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is often lengthy. In the last decade mesothelioma jury awards cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer will help patients understand how to proceed through the trial process and also explain their rights under the law in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is often easy to identify the responsible parties. This is particularly true if someone has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of the companies, products, and places.

There is growing concern that the cost of settling claims from past asbestos victims can drain funds which could be used to pay for future cases. Some claimants believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and an expert's opinion that the doses of asbestos that plaintiffs received were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the long queue of cases that are awaiting the courts.