Asbestos Litigation

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

An attorney should be able to recognize asbestos in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a disease related to asbestos. Compensation can cover the loss of wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

There are usually multiple defendants in a case involving asbestos because there are a variety of mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in an employer capacity could be held accountable for the injuries of victims.

Asbestos suits typically fall under product liability laws that are based on common and state laws which allow damages to be recouped from the seller of a product when the products cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the injured party wasn't adequately warned of the risks associated with using the products.

The defendants in asbestos cases typically argue that they didn't act in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of engaging in a cover-up by trying to thwart claims and also to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility between them through a process known as allocation. The apportionment process does not affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos could help victims recover compensation. This includes the expense of medical treatment for their illness, as well as lost wages due to inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to warn workers and consumers of this risk.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional anxiety and suffering, loss of enjoyment life and pain and suffering. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

After an asbestos case has been filed, the two parties share information through the process of discovery. This can last several months and may include extensive interviews with colleagues, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer to handle their case. The law firm that a victim or their family selects should be aware of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos cases are often settled rather than going to trial, as it is less expensive and easier for the defendant company to settle the case in this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is essential to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers can then gather evidence and use it to construct a solid mesothelioma lawsuit.

During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents, and testimony of former employees who have been exposed to asbestos-containing materials. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or Asbestos the general public.

Many states have set a time limitation, also known as a statute of limitations, on the length of time asbestos victims can bring a lawsuit. These deadlines vary from state to state, but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to receive compensation.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive, how severe their condition is, and other aspects. Attorneys look at treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical bills. Asbestos sufferers 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 have been closed, but others continue paying out substantial payouts. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help in resolving issues that aren't resolved through settlement negotiations, for instance the different methods of calculating damages and whether the condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, including future and past medical expenses, loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be long. Over the past 10 years mesothelioma jury awards cases have risen significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the steps to take in the trial process and can explain their rights under the law in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is often easy to identify the responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of the companies, products and the locations.

There is a growing concern that the cost of settling claims from asbestos victims in the past has a negative impact on funds which could be used to pay for future cases. Some claimants also believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

The defendants in asbestos cases may fight to have claims dismissed by summary judgment or a determination of no exposure. These motions require an extensive examination of evidence and an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a burden in the courts.