Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.

It is essential for attorneys to know how to recognize asbestos-related products in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as analyzing samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

In asbestos cases, there are generally multiple defendants as there are a variety of mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos or who were employers could be held liable for injuries to victims.

Asbestos lawsuits are often categorized under product liability laws that are based upon common and state laws which allow damages to be recouped from sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a flawed design, and that the person who suffered injury was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often 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 are linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the victim's asbestos-related injuries, a jury or judge could decide how to split the responsibility between the defendants in a process referred to as the apportionment. The apportionment of liability does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company which manufactured or sold asbestos can help victims receive compensation. This includes the costs of medical treatment for their disease and lost wages because of being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who has died from an asbestos compensation-related condition such as mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for economic and other damages including emotional distress or pain and suffering and loss of enjoyment the life of. Family members who have survived someone who has died from an asbestos-related illness may also make a claim for wrongful death.

When an asbestos lawsuit has been filed, the parties exchange information through the process of discovery. This may take a few months and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

It is important that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm the victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

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

If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by phone or email today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them substances. The money is intended to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases often settle instead of going to trial, because it is less expensive and easier for defendant companies to settle the case in this way. Settlements also reduce the negative publicity that may come from a trial verdict. It is important to hire mesothelioma attorneys who have expertise in obtaining the highest amount of damages for asbestos their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence usually is found in internal memos, Asbestos corporate documents and testimony from former employees who have worked with asbestos-containing material. These documents often show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses however they didn't inform their workers or the general public.

A number of states have time limits also known as statutes or limitations on the time asbestos victims have to bring a lawsuit. The time frames vary from state to state, but generally range from one to two years. If the statute of limitation expires before a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other costs when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts are depleted, but others still pay large amounts of money. For instance, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by a specific exposure.

In a trial, plaintiffs must show that they are entitled to damages, which include future and past medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process can be long. In the last 10 years, jury awards in mesothelioma cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially the case when an individual was exposed to more than one kind of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to compile an extensive database of the companies products, locations and other information.

There is a growing concern the cost of settling claims from asbestos victims in the past is draining funds that could be used to fund future cases. Furthermore, some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a finding of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer could help to accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.