Asbestos Litigation

A substantial amount of asbestos-related cases have been handled in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and disease.

It is vital that attorneys know how to identify asbestos products in every case. This can be accomplished by chatting with colleagues in the office, collecting records, and studying samples from home or work sites.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related illness. You may choose to start a lawsuit or offer an agreement to the defendants.

There are typically multiple defendants in asbestos cases because there are many mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers who used asbestos, or who were employers could be held liable for the victims' injuries.

Asbestos suits are typically governed by product liability laws, which are based on the common law and state laws which permit damages to be recouped from the seller of a product when they cause injuries. In a product liability suit, it is alleged the injuries were caused due to an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with products.

In asbestos cases, defendants frequently 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-containing products can lead to a myriad of illnesses. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up, as they tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury may determine how to divide the burden of responsibility among them in a process called apportionment. The apportionment does not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos can help victims receive compensation. This includes the cost of medical treatments for their disease and the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not use reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.

A person who is a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional distress as well as loss of enjoyment life as well as suffering and pain. Family members of those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the two sides exchange information in a process called discovery. This process can last for a long time and may include extensive interviews with co-workers or relatives, abatement employees and others to determine potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos cases usually settle rather than go to trial, as it is easier and cheaper for defendants to settle the case this way. Settlements also help avoid negative publicity that could be associated from a trial verdict. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes from internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states have set a time limit, known as a statute of limitations for the length of time asbestos victims can make a claim. The durations vary by state, but usually range from one to two years. If the statute of limitation expires before a suit for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is, and other aspects. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients have enough funds for their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Certain trusts have dwindled, however others continue to pay out large awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs have to prove that they are entitled damages, asbestos litigation including future and past medical expenses loss of wages, damages to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial is usually long. In the last decade, jury awards for mesothelioma have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the steps to take through the trial process and also explain their rights under the law in a courtroom with an open door. A lawyer with experience can also help to identify potential defendants. Asbestos cases can be more complex than car accident litigation where it is often easy to identify responsible parties. This is especially true if a person has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos workers, to build a database of the companies, products and the locations.

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

In asbestos cases, defendants can fight to have claims dismissed by summary judgment or a determination of no exposure. These motions, however, require an extensive examination of evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.