asbestos attorney Litigation

In the courts across the country asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung diseases and damage through research.

An attorney should be able to identify asbestos in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are typically multiple defendants in asbestos cases because there are many mining companies that produced asbestos and also the manufacture of products that contained 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 acted as employers could be held liable for the victims' injuries.

Asbestos suits are typically governed by products liability laws which are based on common and state laws which permit damages to be recouped from the sellers of products if they cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a flawed design, and that the victim wasn't adequately warned of the risks associated with using the products.

The defendants in asbestos cases typically argue that they did not act in a negligent way and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various diseases. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of attempting to cover up by trying to thwart claims and attempting to prevent workers from seeking compensation for their injuries.

A judge or jury may decide how to distribute the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment will not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the costs of medical treatment for their illness and lost wages due to being unable to work. Victims may also receive compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.

A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma could start an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for Asbestos Claim other and economic damages, such as emotional distress as well as pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties share information through a process called discovery. It can take several months and could require lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is important that plaintiffs hire an experienced lawyer handle their case. The law firm a victim or their loved ones chooses must be aware of the unique complexities involved in asbestos compensation litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.

LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to secure maximum compensation for our clients.

Contact us for a no-obligation consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. This money is meant to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases usually settle rather than go to trial, as it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also reduce the negative publicity that can come from a trial verdict. It is essential to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. The lawyers can then collect evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases however, they did not communicate the information to their employees or the general public.

Many states set time limits known as statutes of limitations that define how long an asbestos victim has to make a claim. The length of time varies from state-to-state, but are typically between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, victims will lose their right to compensation.

The amount victims can receive depends on the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts are empty, while others still pay huge amounts of money. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, like the various ways to calculate damages and if the victim's condition resulted from specific exposures.

In a trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma juries' awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand what to do in the court process and also explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is often easy to identify the responsible parties. This is especially true if a person was exposed to more than one kind of Asbestos Claim and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or abatement workers to compile an inventory of the companies, products and locations.

There is a growing concern the expense of settling claims from past asbestos victims can drain funds that could be used to fund future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment, or a finding that there was no exposure. These motions, however, require a thorough examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the process and ensure that it doesn't become part of the lengthy backlog of cases in the courts.