Asbestos Litigation

A significant amount of asbestos-related litigation has been handled by courts across the nation. Research has shown that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able recognize asbestos in every case. This can be done through talking to colleagues, collecting documents, or analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can either bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically many defendants in a case involving asbestos because there are a variety of mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or acted in the capacity of an employer could also be held responsible for injuries sustained by victims.

Asbestos suits typically fall under product liability laws which are based on the common law and state laws that allow for damages to be recovered from the sellers of products if they cause injury. In a product liability suit it is claimed that injuries occurred due to defective design or manufacturing and that the injured person was not adequately warned about the dangers associated with products.

The defendants in asbestos cases typically claim that they did not behave in a negligent way and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can cause different diseases. Companies that hid asbestos risks to make profits were accused of a cover-up, as they tried to suppress claims and prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the responsibility between them in a process known as allocation. The apportionment of liability will not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their illness, as well as lost wages due to being unable to work. Victims can also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous, but failed to provide warnings to consumers and workers about the risk.

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

Once an asbestos case is filed, the two parties exchange information through an process known as discovery. The process can last for some time and may require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill to get the most compensation possible for clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost 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 via email or phone today to get started.

Settlements

When asbestos victims win their cases, they receive compensation from the companies that exposed them substances. This money is meant to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases are often settled rather than going to trial, because it is less expensive and easier for the defendant company to settle the case in this way. Settlements also prevent negative publicity that may come with a trial verdict. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on the medical records of their clients, work history, Asbestos and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos law manufacturers were aware of the risks of mesothelioma and other asbestos-related illnesses but didn't disclose the information to their employees or the general public.

Many states set time limitations, called statutes of limitations which determine how long asbestos victims have to file a lawsuit. The durations vary by state, but generally vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to compensation.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma, asbestos-related diseases.

Certain trusts are exhausted, but others continue to award large amounts of money. In 2018, for instance a federal jury awarded $70 million to the family of an 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 an offer to settle. Trials can resolve issues that are not resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by a particular exposure.

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

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right in a courtroom open to the public. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the parties involved, asbestos cases can be more complicated. This is particularly true when someone was exposed more than one type of asbestos in multiple locations. A mesothelioma lawyer with experience can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create an exhaustive list of companies as well as their products and locations.

The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Many claimants also believe that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

In asbestos cases, defendants can fight to have claims dismissed by the process of summary judgment or by a finding of no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming part of the backlog in the courts.