Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure has been shown to cause lung damage and lung disease by research.

An attorney should be able to recognize asbestos in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as analyzing samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can either file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are usually several defendants since there are numerous mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in a position of employer could be held accountable for the injuries of victims.

Asbestos suits often fall under products liability laws that are based on state and common laws that permit damages to be recouped from the seller of a product when those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries were caused due to the design defect or manufacturing error Asbestos law and that the injured person wasn't adequately warned about the risks associated with the products.

In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos claim-containing products have been linked to a variety of diseases. Moreover, companies that hid asbestos's risks to boost profits have been accused of attempting to cover up by attempting to suppress claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.

A jury or judge can decide how to distribute the burden of responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This is known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products can help victims receive compensation for their losses. This includes the costs of medical treatment for their illness, as well as lost wages due to inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it didn't 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 this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may bring a lawsuit for personal injury in order to obtain compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life of. Family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.

After an asbestos case is filed, the two parties exchange information via a process called discovery. This can last several months and may include extensive interviews with colleagues family members, abatement workers, relatives, and others to identify possible defendants and their asbestos-related products.

Due to the complicated nature of asbestos litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos Law cases.

LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known as a firm that can secure the maximum amount of compensation for our 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 Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation may also cover suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to select mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's employment history, medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their workers or the public.

A number of states have set a limit, known as a statute of limitations for how long asbestos victims can sue. The length of time varies from state-to-state, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of compensation a victim are entitled to is determined by the severity of their illness and their diagnosis as well as other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough money to pay for their medical bills. Asbestos sufferers may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma as well as other asbestos-related diseases.

Certain trusts are depleted, but some continue to pay significant awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is due to a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to compensation, such as future and past medical expenses such as lost wages, property damages as well as pain and suffering and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial can be long. In the last 10 years mesothelioma jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is often easy to identify responsible parties. This is especially true when a person was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and asbestos workers, to build an inventory of employers, products, and the locations.

The cost of resolving asbestos claims eats away funds that could have been used to fund future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and should be compensated more.

In asbestos cases, defendants can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However the motions must be based on an exhaustive review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took were not sufficient to cause mesothelioma. While the process may take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.