Asbestos Litigation

In courts all over the country, asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung diseases and damage by research.

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

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation may cover medical expenses, lost wages and other costs related to mesothelioma. You can start a lawsuit to claim compensation or make an offer of settlement from the defendants in the case.

There are usually many defendants in asbestos cases because there are many mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted in an employer capacity may also be accountable for injuries suffered by victims.

Asbestos attorney lawsuits are often categorized under products liability laws which are based on common and state laws that permit damages to be recovered from sellers of goods when they cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the injured party was not properly warned of the dangers associated with using the products.

Defendants in asbestos cases often argue that they did not behave recklessly and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can lead to various illnesses. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of concealing the truth by trying to thwart claims and also to prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for the victim's asbestos-related injuries the judge or jury can decide how to divide the responsibility between the defendants in a process referred to as apportionment. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a company which manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their disease and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for asbestos Attorney the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about this risk.

The estates or victims of people who have died from asbestos compensation-related illnesses like mesothelioma could file an asbestos lawsuit. A person can make a claim for personal injury to seek compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the surviving family of someone who died due to an asbestos-related illness may bring a wrongful death lawsuit.

Once an asbestos case has been filed and the parties exchange information in the process of discovery. This may take a few months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm that the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for clients.

If you have any questions regarding filing an asbestos suit, 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 across the country. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases are typically settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that comes when a verdict is handed down. It is crucial to select an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. Lawyers are able to gather evidence and use it to construct an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers will find evidence of asbestos-related companies negligence. 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 cases, these documents show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their workers or to the public.

Many states set time limits known as statutes of limitations, on how long an asbestos victim can start a lawsuit. These deadlines vary between states, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose their right to compensation.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma, asbestos-related diseases.

Some trusts are closed, while some continue to pay large amounts of money. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, like the various ways to calculate damages and whether the condition was caused by a specific exposure.

In a court trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses as well as lost wages, property damage and pain and Asbestos Attorney suffering and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand how to proceed in the trial process and explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is especially true if someone was exposed more than one kind of asbestos and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or asbestos workers, to build an inventory of companies, products and places.

There is growing concern that the cost of resolving claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and therefore deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and an expert's opinion that the doses of asbestos that plaintiffs received did not cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in courts.