Asbestos Litigation

In courts all over the nation, asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung disease and damage through research.

An attorney should be able to recognize asbestos in every case. This can be accomplished by chatting with colleagues, obtaining records, and studying samples from home or work sites.

Liability

You could be eligible for compensation when you or someone you love is diagnosed with a disease related to asbestos. Compensation can help with lost wages, medical expenses and other expenses associated with mesothelioma, or any other asbestos-related illness. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there will be multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or as employers may also be accountable for the injuries of victims.

Asbestos suits often fall under product liability laws that are based on the common law and state laws which permit damages to be recovered from sellers of products when the products cause injuries. In a lawsuit involving product liability it is claimed that the injuries were caused by an ineffective design or fabrication, and that the person injured wasn't adequately warned about the risks associated with the products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for the victim's asbestos-related injuries the judge or jury could decide how to split the responsibility between them in a process called the apportionment. The apportionment doesn't affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

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

The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of this risk.

A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma may file an asbestos lawsuit. A person can start a lawsuit claiming personal injury in order to obtain compensation for economic and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who died due to an asbestos-related condition can make a claim for wrongful death.

When an asbestos lawsuit is filed, the two sides exchange information via an process known as discovery. This can last several months and may involve extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs choose a seasoned lawyer handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the complexities unique to asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure maximum compensation for our clients.

If you have any questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. This money is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. Lawyers are able to gather evidence and use it to construct an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers are able to 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 substances. In many cases these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related illnesses but did not disclose this information to their workers or to the general public.

There are many states that set time limits known as statutes of limitations, on how long an asbestos victim must make a claim. The time frames vary from state to state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to a fair settlement.

The amount victims will receive is contingent upon the diagnosis of their asbestos law-related disease the severity of their condition is, and other aspects. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical bills. Asbestos victims might also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma, asbestos-related diseases.

Certain trusts have dwindled, however others continue to pay out large prizes. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court trial, plaintiffs must show that they have the right to damages, including future and past medical expenses such as loss of wages, property damage, pain and asbestos lawsuit suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can be long. In the past decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is generally easy to identify responsible parties. This is especially the case when a person was exposed to more than one type of asbestos and in multiple places. A seasoned mesothelioma attorney will interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an extensive list of companies as well as their products and locations.

There is growing concern that the cost of resolving claims from past asbestos victims can drain funds which could be used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries and they are entitled to more compensation.

In asbestos cases, defendants can seek to dismiss claims through summary judgment or a finding of no exposure. These motions need an in-depth examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming a part of the backlog in the courts.