Asbestos Litigation

A substantial amount of asbestos-related cases have been handled in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and illness.

It is crucial for an attorney to understand how to recognize asbestos-related products in every case. This can be done by discussing with colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love has been diagnosed with a condition related to asbestos. Compensation may cover medical expenses, lost wages and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.

In asbestos cases, there will be multiple defendants because there are a variety of mining companies that manufacture asbestos and also manufacture products containing asbestos claim. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in an employer capacity may also be accountable for the injuries of victims.

Asbestos suits typically fall under the law of product liability that are based on the common law and state laws which permit damages to be recovered from the seller of a product when the products cause injuries. In a suit for product liability, it is alleged the injuries resulted from the design defect or manufacturing error and that the person who was injured was not adequately warned of the dangers of the products.

Defendants in asbestos case cases often claim that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various illnesses. In addition, companies who concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and attempting to stop workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to warn workers and consumers about this risk.

An asbestos-related lawsuit can be filed by a victim or estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person may file a lawsuit for asbestos litigation personal injury in order to obtain compensation for economic and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the survivors of a family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed the parties exchange information during the process of discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to obtain the maximum amount of compensation for our clients.

If you have questions about filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that 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 can come with a verdict in a trial. It is crucial to select an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing material. In many cases documents, they show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their employees or the general public.

Many states have set a limit, also known as a statute of limitations, for how long asbestos victims can file a lawsuit. The time frames vary from state to state, but are typically between one and two years. If the statute of limitations expires before a suit for mesothelioma can be filed, victims will lose the right to compensation.

The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease, how severe their condition is, as well as other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients have enough money for their medical bills. Asbestos victims may also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts have been closed, but others continue to pay out large prizes. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is caused by a specific exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, which include future and past medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process can be long. In the last decade, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand asbestos litigation the trial process, and can explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is particularly true if someone has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer can interview witnesses, including family members, coworkers and abatement workers, to create a database of employers, products, and the locations.

There is growing concern that the cost of resolving claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. Some claimants also believe that settlements should be based on actual injuries and should be compensated more.

Plaintiffs in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. These motions, however, require a thorough examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer can help speed up the process and make sure that it doesn't become part of the long backlog of cases in the courts.