Asbestos Litigation

In the courts across the country, asbestos litigation has been a major problem. Research has proved that asbestos exposure can cause lung damage and illness.

An attorney should be able to recognize asbestos in every case. This can be done by discussing with colleagues, obtaining 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 eligible for compensation. Compensation may help pay for lost wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You may choose to make a claim or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants due to the fact that there are many mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is built on state and common laws that permit damages to be recouped from sellers of products if those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the injured party was not adequately warned of the risks associated with using the 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 cause various diseases. In addition, companies who concealed the risks of asbestos to boost profits have been accused of concealing the truth by attempting to suppress claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility between them in a process called apportionment. The apportionment of liability does not alter the amount of money a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their disease, as well as lost wages because of being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant was negligent, Asbestos Case meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who has died from an asbestos-related illness like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional suffering as well as loss of enjoyment life, and pain and suffering. In addition, the survivor family members of a deceased person due to an asbestos-related illness may pursue a wrongful-death lawsuit.

After an asbestos case is filed and a settlement is reached, asbestos case both sides share information in a process called discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients.

Contact us for a free consultation should you have any questions about filing a lawsuit involving 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. Contact us now to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies that exposed them substances. The money is meant to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases are often settled rather than going to trial, as it is less expensive and easier for the defendant company to settle the matter in this manner. Settlements also avoid negative publicity that could be associated from a trial verdict. It is essential to choose an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into the medical records of their clients, work history and asbestos case exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. Lawyers can then gather evidence and use it to build a mesothelioma lawsuit that is strong.

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

Many states have imposed a time limit, known as a statute of limitations, on the length of time asbestos victims can sue. The length of time varies from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their right to receive compensation.

The amount victims will receive is contingent upon their asbestos-disease diagnosis the severity of their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to award substantial awards. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the condition was caused by a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can take a long time. In the last 10 years, jury awards for mesothelioma have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the parties involved, asbestos cases are more complicated. This is especially true when an individual has been exposed to asbestos in more than one location and at different times. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to compile an exhaustive database of the companies as well as their products and locations.

There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. In addition, some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was no exposure. However these motions require an extensive review of evidence and an expert opinion that the measured doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help speed up the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.