Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Research has shown that exposure to asbestos can cause lung damage and cause disease.

It is important that attorneys know how to recognize asbestos-related products in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

You could be eligible for compensation in the event that you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical costs, and other costs related to mesothelioma and other asbestos-related disease. You can choose to bring a lawsuit, or offer an agreement to the defendants.

There are usually several defendants in an asbestos-related case because there are a variety of mining companies that made asbestos and manufacturers of the 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 liable for the injuries sustained by victims.

Asbestos suits typically fall under laws governing product liability, which are based on state and common laws that allow for damages to be recovered from the seller of a product when the products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused due to faulty design or mismanufacture and that the person who was injured was not adequately informed about the dangers of the products.

In asbestos cases, defendants typically argue that they did not do anything in a negligent manner and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to various illnesses. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up, and they attempted to block claims and keep workers from claiming financial compensation for their injuries.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is called apportionment. The apportionment does not alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could assist victims to 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 asserts that the defendant acted negligently and did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed warn workers and consumers about the dangers.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma may make an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for other and economic damages like emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the surviving family of someone who died from an asbestos-related disease can make a claim for wrongful death.

After an Asbestos Claim case is filed the parties exchange information during a process called discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its experience in these cases.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our ability to obtain the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the country. Contact us by email or phone today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos compensation companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related illnesses but did not disclose the information to their employees or the public.

A number of states have set a time limitation, also known as a statute of limitations, for the length of time asbestos victims can bring a lawsuit. The time frames vary from state to state, but generally vary from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical expenses. Asbestos-related victims can also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been depleted, but others continue to award substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court of law, plaintiffs will need to prove they have a right to damages, including future and past medical expenses, lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial can be long. In the past decade, jury awards for mesothelioma have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is usually simple to identify the responsible parties. This is particularly true if an individual has been exposed to asbestos in multiple places and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers, relatives, abatement workers and suppliers to create a comprehensive list of companies as well as the locations of their products and.

The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Additionally, asbestos claim some claimants think that settlements aren't basing on actual injuries and therefore deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was no exposure. However they must be able to provide an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a backlog in the courts.