Asbestos Litigation

A large portion of asbestos law-related litigation has been handled by courts across the nation. Asbestos Attorney exposure has been shown to cause lung diseases and damage by research.

An attorney should be able to identify asbestos in each case. This can be accomplished by speaking with colleagues, obtaining records, and taking samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can start a lawsuit or offer an agreement to the defendants.

There are usually several defendants in an asbestos case because there are a variety of mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos compensation-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or as employers may also be accountable for the injuries of victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on state and common laws that permit damages to be recovered against the sellers of products when those products cause injuries. In a product liability lawsuit it is claimed that injuries were caused due to defective design or manufacturing and that the injured person was not adequately warned about the dangers associated with the products.

Defendants in asbestos cases often argue that they did not act negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost of medical treatment for their disease and lost wages due to inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.

An asbestos lawsuit could be filed by a victim or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person may bring a lawsuit for personal injury to seek compensation for financial and other damages that include emotional distress or pain and suffering and loss of enjoyment the life of. The surviving family members of those who have died due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

After an asbestos case is filed and the parties share information in the process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if 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 nation. Contact us now to begin.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is meant to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that comes when a verdict is handed down. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on their client's medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public.

There are many states that set time limits which are known as statutes of limitation on the time an asbestos victim has to start a lawsuit. These time periods vary between states, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to compensation.

The amount victims can receive depends on the asbestos-related illness they have been diagnosed with and how severe their condition is, and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients receive enough money to pay for their medical bills. Asbestos victims might also be able to claim through trust funds established for those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay out large awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that are not resolved through settlement negotiations, such as differences in the method of calculating damages and asbestos attorney if the victim's condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses such as lost wages, property damages as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically lengthy. In the past decade mesothelioma juries' awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true if the victim was exposed to more than one type of asbestos and in multiple places. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations.

There is growing concern that the cost of settling claims of asbestos victims from the past can drain funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an extensive review of evidence and an expert's view that the measured doses of asbestos the plaintiff took were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming a backlog in the courts.