Asbestos Litigation

In the courts across the country asbestos litigation has been a major issue. Studies have proven that asbestos exposure can cause lung damage and disease.

An attorney should be able recognize asbestos in every case. This can be accomplished by speaking with colleagues collecting records, or analyzing samples from homes or work sites.

Liability

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

There are typically many defendants in a case involving asbestos because there are numerous mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be liable for the injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is built on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants often argue that they did not do anything recklessly and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to various diseases. Companies that concealed asbestos risks to make profits were accused of cover-up. They tried to block claims and keep workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide how to allocate the burden of responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also receive compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about this risk.

An asbestos lawsuit could be filed by a victim or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person may bring a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life and pain and suffering. Family members who are survivors of those who have died due to an asbestos-related condition can bring a wrongful death lawsuit.

Once an asbestos case has been filed, the parties exchange information via an process known as discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is essential that plaintiffs have 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 aware of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed 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. Contact us via phone or email today to begin.

Settlements

When victims win their asbestos lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. This money is meant to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and asbestos easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies' negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have worked with asbestos-containing material. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases however they didn't inform their workers or the general public.

A number of states have time limits which are known as statutes of limitation, on how long asbestos victims have to file a lawsuit. These time periods vary by state, but they typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to compensation.

The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis the severity of their condition is and other aspects. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds established for those diagnosed with mesothelioma or other asbestos claim-related illnesses.

Some trusts are depleted, but others continue to award large amounts of money. In 2018 the United States 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 a better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages, and whether the condition of a victim is caused by a particular exposure.

In a court trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses, lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial can be long. In the last decade mesothelioma jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complex. This is particularly true when the person has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to compile a detailed list of companies as well as the locations of their products and.

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

Plaintiffs can challenge dismissal of asbestos claims through summary judgment, or a finding that there was no exposure. These motions need a thorough examination of the evidence as well as an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can help accelerate the process and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.