Asbestos Litigation

In courts all over the nation asbestos litigation has been a major problem. Research has shown that asbestos exposure can cause lung damage as well as disease.

It is crucial for an attorney to understand how to recognize asbestos-related products in every case. This can be done through discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can either start a lawsuit or offer a settlement to the defendants.

There are usually multiple defendants in an asbestos case because there are many mining companies who produced asbestos as well as manufacturers of products that contained 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 who acted as employers could be held liable for injuries to victims.

Asbestos suits are typically governed by product liability laws which are based on state and common laws which permit damages to be recovered from the seller of a product when they cause injury. In a product liability suit, it is alleged the injuries occurred due to defective design or manufacturing and that the injured person was not adequately informed about the risks associated with the products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a wide range of ailments. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and attempting to stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries the judge or jury can decide how to divide the responsibility between the defendants in a process referred to as apportionment. The apportionment will not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos lawyer products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be hazardous and failed to warn workers and consumers about this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who died from an asbestos-related illness like mesothelioma. An individual can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. In addition, the survivor family of someone who died from an asbestos-related illness can make a claim for wrongful death.

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

It is important that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to get maximum compensation for our clients.

Contact us for a free consultation If you have any concerns about bringing a lawsuit against asbestos. 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 throughout the United States. Contact us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is crucial to select an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses however they didn't inform their employees or the general public.

A number of states have set a limit, known as a statute of limitations, on the length of time asbestos victims can make a claim. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitation expires before a case for mesothelioma is filed the victims will lose their right to compensation.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with and how severe their condition is and other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients have enough money to cover their medical expenses. Asbestos victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been closed, while others continue to pay out significant awards. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.

Trials

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

In a court of law, plaintiffs be required to prove that they have a right to damages, including future and past medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom open to the public. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially true if an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers, to create a database of products, employers and locations.

There is a growing concern that the cost of settling claims of asbestos victims who have been in the past has a negative impact on funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't founded on actual injuries and they deserve more compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in the courts.