Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled by courts across the country. Studies have proven that exposure to asbestos can cause lung damage and illness.

An attorney should be able to identify asbestos in each case. This can be accomplished by talking to co-workers, getting records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation can be used to pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.

There are typically several defendants in a case involving asbestos because there are many mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos or acted as employers could be held accountable for injuries suffered by victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be sought against manufacturers of products if the products cause injury to. In a product liability lawsuit where the injuries resulted from faulty design or mismanufacture and that the person injured was not adequately warned of the dangers associated with products.

In asbestos cases, defendants typically assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products can lead to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of a cover-up, as they tried to block claims and keep 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 judge or jury can decide how to divide the responsibility among the defendants in a process referred to as allocation. The apportionment process does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment for their disease as well as the loss of wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not take reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk.

A victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could file an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has passed away due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

When an asbestos-related case is filed, both sides share information in the process of discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complexity of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handling their case. The law firm that the victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for our clients.

If you have any questions about 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 across the nation. Contact us today to begin.

Settlements

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

Asbestos cases are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing products. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states have imposed a time limit, referred to a statute of limitations, to determine how long asbestos victims are allowed to file a lawsuit. The length of time varies from state-to-state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to compensation.

The amount of money victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds that have been established for those diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts are closed, asbestos litigation while others continue to pay out substantial awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced 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 also help resolve issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled to damages, including past and future medical expenses loss of wages, damages to property as well as pain and discomfort and loss in consortium. The defendant must also prove their responsibility for asbestos litigation the asbestos-related injury. The trial process can be long. In the last 10 years mesothelioma jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed through the trial process and can explain their legal rights in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties, asbestos cases can be more complex. This is especially true when the victim was exposed to more than one type of asbestos in multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to create a database of companies, products and locations.

The cost of resolving asbestos claims drains funds which could be used to pay future cases. Some claimants believe that settlements do not reflect the actual damage and that they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was not an exposure. These motions, however, require a thorough examination of the evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and ensure that it doesn't be added to the long backlog of cases in courts.