Asbestos Litigation

In the courts across the country asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung diseases and damage through research.

It is essential for attorneys to know how to spot asbestos products in every case. This can be accomplished by speaking with colleagues collecting records, or taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation can help with lost wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related illness. You can either make a claim or offer an agreement to the defendants.

There are usually many defendants in an asbestos case because there are numerous 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. Companies that offered services to asbestos-using mines or manufacturers or acted in an employer capacity could also be held responsible for the injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically claim that they didn't act in a negligent manner and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various diseases. Companies that hid asbestos dangers to increase profits were accused of a cover-up, and they attempted to deny claims and block workers from seeking an amount of compensation for their injuries.

A judge or jury can decide how to distribute the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This is known as apportionment. The apportionment will not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims could 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 that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed in educating consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes including emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members of someone who has passed away due to an asbestos-related condition can bring a wrongful death lawsuit.

After an asbestos case is filed the parties communicate information through the process of discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family chooses should comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

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

If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice on behalf 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 via phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are often settled instead of going to trial, as it is easier and cheaper for the defendant company to settle the case in this way. Settlements also reduce the negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and asbestos Litigation require lawyers to conduct extensive research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers can then collect evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases, but didn't tell their employees or the general public.

There are many states that set time limits which are known as statutes of limitation which determine how long an asbestos victim can bring a lawsuit. The length of time varies from state to state but are typically between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos lawyer-related diagnosis they receive and how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue to pay substantial prizes. 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 contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they have the right to compensation, such as future and past medical expenses and lost wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the last decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount given to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to determine the responsible parties involved, asbestos cases can be more complex. This is particularly true when a person was exposed to more than one type of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of the companies, products, and the locations.

There is a growing concern the cost of resolving claims from asbestos victims in the past is draining funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can assist to accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.