Asbestos Litigation

A significant amount of asbestos cases have been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and disease.

It is essential for attorneys to know how to spot asbestos products in each case. This can be accomplished by discussing with colleagues, obtaining documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for Asbestos Claim compensation If you or someone you know is diagnosed with a disease related to asbestos claim. Compensation may cover lost wages, medical costs and other costs associated with mesothelioma. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

There are usually many defendants in a case involving asbestos because there are many mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or acted as employers may also be accountable for injuries sustained by victims.

Asbestos suits are typically governed by the law of product liability which are based on state and common laws that permit damages to be recouped from sellers of products when the products cause injury. In a product liability lawsuit it is claimed that the injuries were caused due to defective design or manufacturing and that the person who was injured was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a range of illnesses. Companies who concealed asbestos-related risks to boost profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge may determine how to divide the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment process does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the costs of medical treatment for their illness, as well as lost earnings due to the inability to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about this risk.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional suffering as well as loss of enjoyment life, and suffering and pain. Family members of someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos case is filed, the parties share information through the process of discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their family selects should be aware of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining maximum compensation for our clients.

Contact us for a free consultation If you have any concerns 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 across the nation. Call or email us today to begin.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are usually settled rather than 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 can help prevent the negative publicity that is associated with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's work history, Asbestos Claim medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documents and statements of former employees who been exposed to asbestos-containing materials. These documents often show that asbestos settlement manufacturers knew about mesothelioma's dangers, and other asbestos-related illnesses, but didn't tell their workers or the general public.

Many states set time limitations, called statutes of limitations that define how long asbestos victims have to bring a lawsuit. The length of time varies by state, but typically vary between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma has been filed, victims will lose the right to compensation.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive the severity of their condition is, and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to cover their medical bills. Asbestos victims may also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue paying out substantial payouts. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the condition resulted from specific exposures.

In a trial the plaintiffs must prove that they have the right to damages, such as future and past medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process is typically lengthy. In the last 10 years mesothelioma cases, jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to determine the responsible parties, asbestos cases can be more complicated. This is especially the case when the victim was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of the companies, products and places.

The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. Furthermore, some claimants believe that settlements should be founded on actual injuries and should be compensated more.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions need an extensive examination of evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a backlog in the courts.