Asbestos Litigation

In courts all over the nation, asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung disease and damage by research.

It is crucial that attorneys know how to spot asbestos products in every case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses as well as other expenses associated with 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 an asbestos case because there are many mining companies that produce asbestos and also the manufacture of products that contain 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 a position of employer could also be held responsible for injuries suffered by victims.

Asbestos lawsuits are often categorized under products liability laws, which are based on common and state laws that permit damages to be recouped from sellers of products when the products cause injury. In a product liability lawsuit it is claimed that injuries were caused due to defective design or manufacturing and that the person injured was not adequately warned of the dangers associated with the products.

Defendants in asbestos cases often claim that they did not act in a negligent way and that their products were safe, even though doctors have long recognized asbestos-containing products is linked to various illnesses. In addition, companies who concealed asbestos's risks to boost profits have been accused of engaging in a cover-up by trying to thwart claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between them in a process called allocation. The apportionment does not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensation and punitive damages.

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

An asbestos-related lawsuit can be filed by a victim or estate of a deceased person from an asbestos-related illness such as mesothelioma. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional distress, loss of enjoyment of life, and pain and suffering. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos case is filed, the two sides exchange information via a process called discovery. The process can last for Asbestos case several months and may involve interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

Due to the complicated nature of asbestos legal litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses have an understanding of the unique complexities involved in 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 well-known for our skill to obtain the maximum amount of compensation for our clients.

Contact us today for a no-obligation consultation If you have any concerns regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us by phone or email today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases usually settle instead of going to trial because it is cheaper and easier for defendant companies to settle the matter in this manner. Settlements also reduce the negative publicity that can come when a verdict is handed down. It is crucial to select mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos law-related companies' negligence. Evidence typically comes in the form internal memos, corporate documentation and statements of former employees who been exposed to asbestos-containing materials. These documents usually show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related illnesses however they didn't inform their workers or the general public.

Many states have set a limit, referred to a statute of limitations, on how long asbestos victims can make a claim. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their right to a fair settlement.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is, as well as other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have dwindled, however others continue paying out substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that are not resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.

In a trial the plaintiffs must prove that they have the right to damages, including future and past medical expenses as well as loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial can be long. In the past decade mesothelioma jury awards cases have risen significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to determine the responsible parties involved, asbestos cases are more complicated. This is especially true if an individual was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a comprehensive database of employers as well as their products and locations.

The cost of resolving asbestos claims drains funds which could be used to pay future cases. Furthermore, some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a conclusion of no exposure. However they must be able to provide an in-depth review of the evidence and an expert's view that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the long backlog of cases in the courts.