Asbestos Litigation

In the courts across the nation asbestos litigation has been a major issue. Research has shown that asbestos exposure can cause lung damage and illness.

It is important for attorneys to know how to recognize asbestos-related products in each case. This can be accomplished 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 love is diagnosed with a disease related to asbestos. Compensation may help pay for lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos legal-related illness. You can choose to start a lawsuit or offer an offer of settlement to the defendants.

There are usually many defendants in an asbestos-related case due to the numerous mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos lawyer-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos or who acted as employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that permit damages to be recovered against the sellers of products when those products cause injuries. In a suit for product liability where the injuries resulted from an ineffective design or fabrication, and that the person who was injured was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a myriad of illnesses. Moreover, companies that hid asbestos's dangers to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to prevent workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence which means that it did not take reasonable care 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 inform consumers and workers of the danger.

A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma could make an asbestos lawsuit. An individual can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional suffering and suffering, loss of enjoyment life, and suffering and pain. The surviving family members of someone who died due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

Once an asbestos case has been filed and the parties exchange information in a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is important that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm the victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to get the highest amount of compensation for Asbestos litigation our clients.

Contact us for a complimentary consultation if you have any questions about filing a lawsuit involving asbestos. 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 from all over the country. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases usually settle instead of going to trial because it is cheaper and easier for defendant companies to resolve the case in this way. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is essential to choose mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client's employment history, medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence to use in an effective mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence usually comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing materials. These documents often show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related illnesses but did not inform their workers or the general public.

A number of states have set a time limit, known as a statute of limitations for how long asbestos victims are allowed to make a claim. The time frames vary between states, however, they are usually between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose the right to compensation.

The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease as well as how serious their condition is and other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some of these trusts have been depleted, but others still pay substantial awards. For instance, in the year 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 made by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will have to prove that they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process is typically lengthy. In the past decade, jury awards for mesothelioma have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and can explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true when a person has been exposed to asbestos in more than one place 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 employers, Asbestos litigation products, and places.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Some claimants believe that settlements don't reflect the actual damage and that they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment or a finding that there was no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and prevent the case from becoming a backlog in the courts.