Asbestos Litigation

In the courts across the country asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage and cause disease.

An attorney must be able to identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can choose to start a lawsuit or offer an agreement to the defendants.

There are typically many defendants in asbestos cases because there are numerous mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos settlement-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted in the capacity of an employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that permit damages to be recouped from producers of products if those products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused due to faulty design or mismanufacture and that the person who was injured was not adequately informed about the risks associated with the products.

In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a range of illnesses. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of concealing the truth by trying to thwart claims and trying to block 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 can decide how to divide the blame between the defendants in a process referred to as apportionment. The apportionment doesn't alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for their losses. This includes the expense of medical treatment for their disease and lost earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can file a lawsuit for personal injury to claim compensation for economic and other damages like emotional distress and pain and suffering and loss of enjoyment the life. In addition, the survivor family members of someone who passed away from an asbestos-related disease can file a wrongful death lawsuit.

Once an asbestos-related case has been filed, the parties share information through the process known as discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

Due to the complexity of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer handling their case. The law firm that the victim, or Asbestos their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.

The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known as a firm that can secure maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a free 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 nationwide. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is intended to compensate the victim as well as his or her family members for financial losses caused by asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases are typically settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit.

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

A number of states have set a limit, also known as a statute of limitations for the length of time asbestos victims can sue. The durations vary by state, but they typically vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to be compensated.

The amount of compensation a victim receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos-related victims can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts are exhausted, but others still pay significant awards. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of 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 easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is caused by a specific exposure.

In a court trial, plaintiffs must show that they have the right to damages, which include past and future medical expenses as well as loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma juries' awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. An experienced attorney can help to identify potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the parties involved, asbestos cases are more complicated. This is especially the case when an individual was exposed to more than one kind of asbestos in multiple locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile an extensive database of employers, products and locations.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to pay for future cases. Some claimants also believe that settlements should be founded on actual injuries and deserve more in compensation.

The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was not an exposure. These motions need an exhaustive examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming a burden in the courts.