Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major problem. Asbestos exposure has been shown to cause lung damage and lung disease by research.

It is vital for an attorney to know how to identify asbestos products in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as analysing samples taken from homes 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 help with lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can either make a claim or offer an offer of settlement to the defendants.

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

Asbestos suits often fall under laws governing product liability that are based upon state and common laws that allow for damages to be recovered from sellers of goods when the products cause injury. In a product liability lawsuit it is claimed that injuries were caused by the design defect or manufacturing error and asbestos case that the person injured wasn't adequately warned about the dangers associated with the products.

In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a myriad of illnesses. Companies who concealed asbestos compensation-related risks to make profits were accused of cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility among the defendants in a process referred to as allocation. The apportionment process does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

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

The lawsuit asserts that the defendant acted negligently in that it failed to use reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about the dangers.

A person who has been a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can file a lawsuit 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. Additionally, the surviving family members of a deceased person due to an asbestos-related illness may pursue a wrongful-death lawsuit.

Once an asbestos case (more information) is filed, the two parties exchange information in an process known as discovery. This can last several months and may include lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise 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 for our clients.

Contact us for a free consultation if you have any questions regarding filing 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 across the nation. Contact us via phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases are often settled rather than go to trial because it is easier and cheaper for defendants to settle the case in this way. Settlements also reduce the negative publicity that can come with a trial verdict. It is crucial to select mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on the history of their clients' employment, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related diseases but didn't disclose this information to their employees or the public.

A number of states have time limits, called statutes of limitations, on how long an asbestos victim must make a claim. The durations vary by state, but they typically range between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma can be filed, the victims will lose their right to compensation.

The amount of compensation a victim can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients have enough funds to pay their medical expenses. Asbestos sufferers may also be able to claim through trust funds established for patients diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by a particular exposure.

In a court trial the plaintiffs must prove that they have the right to damages, including future and past medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is particularly true if an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or asbestos workers, to build a database of the companies, products and places.

There is growing concern that the cost of resolving claims of asbestos victims from the past is consuming funds that could be used to fund future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions need an exhaustive examination of the evidence and an expert's opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a burden in the courts.