Asbestos Litigation

A significant amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure is proven to cause lung damage and lung disease through research.

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

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can be used to pay for lost wages, medical expenses and other costs associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are generally multiple defendants as there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos compensation or who were employers could be held responsible for the victims' injuries.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from the sellers of products when those products cause injuries. In a product liability lawsuit it is claimed that injuries resulted from faulty design or mismanufacture and that the person who was injured was not adequately informed about the dangers of the products.

The defendants in asbestos cases typically claim that they did not do anything negligently and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Companies that concealed asbestos risks to boost profits were accused of cover-up, as they tried to thwart claims and stop workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide on how to divide the burden of responsibility among them in a process known as apportionment. The apportionment of liability does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatments for their disease and the loss of wages because of being unable to work. Victims also may receive 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 its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim or estate of a deceased person from an asbestos-related disease such as mesothelioma. A person may make a personal injury claim to claim compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life, and suffering and pain. In addition, the surviving family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos compensation case is filed the parties share information in a process called discovery. This can last several months and could require extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handling their case. The law firm that a plaintiff or their family chooses have an understanding of the unique complexities of asbestos litigation and should be recognized by insurance companies and defendants for its experience 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 ability to obtain maximum compensation for our clients.

Contact us for a free consultation If you have any concerns about bringing a lawsuit against Asbestos Law. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, asbestos Law Texas. We represent clients across the country. Contact us today to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is crucial to find mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into the history of their clients' employment, medical records and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

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

Many states set time limits which are known as statutes of limitation on the time an asbestos victim can bring a lawsuit. 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 rights to receive compensation.

The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds created to help those diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been closed, but others continue paying out substantial payouts. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

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

A mesothelioma lawyer will help patients understand how to proceed through the trial process and also explain their legal rights in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is often easy to identify the responsible parties. This is particularly true when someone has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney is able to speak with witnesses like co-workers and relatives, abatement workers and suppliers to create an extensive database of employers products, locations and other information.

The cost of resolving asbestos claims drains funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims through summary judgment, or a finding that there was not an exposure. However, these motions require an extensive review of evidence and a professional opinion that the measured doses of asbestos the plaintiff took did not cause mesothelioma. While the process can take time, Asbestos law a qualified mesothelioma lawyer could help to speed up the process and ensure that it doesn't be added to the long backlog of cases in the courts.