Asbestos Litigation

A large portion of asbestos-related cases have been handled in courts across the country. Asbestos exposure is proven to cause lung disease and damage by research.

It is crucial for an attorney to know how to identify asbestos-related materials in every case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness, you may be eligible for compensation. Compensation can cover lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can choose to bring a lawsuit, or offer a settlement to the defendants.

There are usually multiple defendants in a case involving asbestos because there are many mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that made use of asbestos or who were employers could be held accountable for the victims' injuries.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a design defect and that the person injured was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants typically argue that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can lead to different diseases. In addition, companies who concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and trying to block workers from seeking compensation for their injuries.

A jury or judge can decide how to divide responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment of liability does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can aid victims in recovering compensation for their losses. This includes the costs of medical treatment for their condition and lost wages because of being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the risk.

A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma may bring an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for economic and other damages that include emotional distress, pain and suffering, and loss of enjoyment of the life of. In addition, the survivor family members of a person who died due to an asbestos-related illness may make a claim for wrongful death.

Once an asbestos-related case is filed, the two sides exchange information through the process known as discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to secure maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. 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 throughout the nation. Contact us via email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies which exposed them to harmful substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases tend to settle instead of going to trial, because it is cheaper and easier for defendant companies to resolve the case this way. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to find mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's employment history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be responsible for their illness. Lawyers are able to gather evidence and use it to create a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances these documents, it is clear that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related diseases however, they did not communicate this information to their employees or to the public.

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

The amount of compensation victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts are depleted, but others continue to pay out large amounts of money. In 2018, a federal court awarded $70,000,000 to the family of an 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 resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical costs as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, asbestos lawsuit the defendant must prove that it is responsible for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma-related jury awards cases have increased significantly, and are far more than the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the parties involved, asbestos cases can be more complex. This is particularly true when a person has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including coworkers, relatives and abatement workers, to create a database of employers, products, and places.

The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However, these motions require an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff received were insufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming part of the backlog in the courts.