Asbestos Litigation

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

It is crucial for an attorney to know how to identify asbestos products in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation can cover the loss of wages, medical expenses and other costs related to mesothelioma. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.

There are typically several defendants in a case involving asbestos due to the numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that used asbestos or acted as employers could be held liable for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a suit for product liability where the injuries were caused by defective design or manufacturing and that the person injured was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants typically argue 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 wide range of ailments. In addition, companies who concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and by trying to stop workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to allocate the burden of responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment process does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the dangers.

An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related illness such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life, and suffering and pain. The surviving family members of someone who has passed away due to an asbestos-related illness may also bring a wrongful death lawsuit.

Once an asbestos case is filed, the two parties exchange information in a process called discovery. This process can last for a long time and may involve extensive interviews with colleagues, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or asbestos their family selects should have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.

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

Contact us for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated 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 all over the nation. Call or email us today to begin.

Settlements

When victims win their asbestos lawsuits, they get compensation from the companies who knowingly 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 may also cover the cost of suffering and pain.

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

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client's work history 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 then gather evidence to use in a mesothelioma-related case that is a solid one.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but did not disclose the information to their employees or the general public.

Many states set time limitations, called statutes of limitations, on how long an asbestos victim must make a claim. The length of time varies by state, but generally range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victim will lose their right to compensation.

The amount of money that victims receive will depend on their asbestos legal-disease diagnosis, how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay for their medical bills. Asbestos victims might also be able to file claims through trust funds established for patients diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been depleted but others continue to award substantial awards. For example, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that are not resolved through settlement negotiations, like the different methods of calculating damages and whether the condition resulted from specific exposures.

In a court of law, plaintiffs need to prove they are entitled to damages including past and future medical costs, lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is often easy to identify the responsible parties. This is particularly true when someone was exposed more than one type of asbestos and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers, to create an inventory of companies, products, and places.

The cost of resolving asbestos claims eats away funds that could be used to pay future cases. Some claimants also believe that settlements don't reflect actual injuries and they should be compensated more.

Defense attorneys can argue to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an extensive review of evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer can assist to speed up the process and ensure that it doesn't be added to the long backlog of cases in the courts.