Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Research has proven that exposure to asbestos can cause lung damage and illness.

An attorney must be able to recognize asbestos in every case. This can be done by talking to colleagues, collecting reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation can be used to pay for lost wages, medical costs and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer a settlement to the defendants.

In asbestos settlement cases, there will be several defendants since there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers who used asbestos or who were employers could be held accountable for injuries to victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on common and state laws that allow damages to be recovered against producers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of cover-up, and they attempted to block claims and keep workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This is known as allocation. The apportionment will not alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not take reasonable precautions to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn workers and consumers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who passed away from an asbestos-related illness like mesothelioma. A person may make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress and loss of enjoyment of life and pain and suffering. In addition, the survivor family members of a person who died from an asbestos-related disease can make a claim for wrongful death.

After an asbestos case is filed, the two sides share information through a process called discovery. This may take a few months, and may require lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, asbestos it is crucial that plaintiffs hire an experienced lawyer handling their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for clients.

If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us now to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. The money is intended to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that could be associated when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes from internal memos, corporate documents and testimony of former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases, but didn't disclose the information to their employees or the general public.

There are many states that set time limits which are known as statutes of limitation, on how long an asbestos victim has to bring a lawsuit. The time frames vary from state to state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to compensation.

The amount victims receive will depend on their asbestos-disease diagnosis the severity of their condition is, as well as other aspects. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure patients have enough money to cover their medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have dwindled, however others continue to award substantial awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the patient's condition resulted from specific exposures.

In a court trial plaintiffs must demonstrate that they are entitled to compensation, such as past and future medical expenses as well as loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last decade, jury awards for mesothelioma have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is usually easy to identify the parties responsible. This is particularly true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, including coworkers, relatives and asbestos workers, to build an inventory of products, employers and locations.

There is a growing concern the cost of settling claims from past asbestos victims has a negative impact on funds which could be used to fund future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However the motions must be based on an extensive review of evidence and an expert's opinion that the doses measured of asbestos the plaintiff received were insufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in courts.