Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage and illness.

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

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation can help with lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can either file a lawsuit or offer an agreement to the defendants.

There are usually several defendants in asbestos cases because there are numerous mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers that used asbestos or Asbestos Attorney who were employers could be held accountable for injuries to victims.

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

In asbestos cases, defendants typically argue that they did not behave in a negligent manner and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to different diseases. Companies that concealed asbestos-related risks to boost profits were accused of cover-up, as they tried to block claims and keep workers from seeking an amount of compensation for their injuries.

A judge or jury may decide how to divide the burden of responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment process does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatments for their illness and the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.

A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma are able to file an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional stress and loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.

After an asbestos case is filed and a settlement is reached, both sides exchange information during a process called discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is crucial for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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

If you have questions about filing an Asbestos Attorney lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice in the best interests 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 begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases often settle rather than going to trial, as it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes from internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing products. In many instances the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases, however, they did not communicate this information to their employees or to the general public.

A number of states have time limits, called statutes of limitations on the time asbestos victims have to start a lawsuit. The length of time varies from state-to-state, however, they are usually between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of money victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma, asbestos-related diseases.

Some of these trusts have been closed, while others still pay significant awards. In 2018, for instance a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, including differences in the method of calculating damages and if the victim's condition was caused by a specific exposure.

In a court trial the plaintiffs have to prove that they are entitled to compensation, such as future and past medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial can take a long time. In the past decade, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos cases can be more complex than car accident litigation where it is often simple to identify the responsible parties. This is especially true when an individual has been exposed to asbestos in more than one place and at different dates. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an exhaustive database of employers as well as the locations of their products and.

The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants also believe that settlements do not reflect actual injuries, and they deserve more compensation.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and Asbestos Attorney an expert's opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a part of the backlog in the courts.