Asbestos Litigation

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

It is essential for an attorney to know how to identify asbestos-related materials in each case. This can be done 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 disease, you may be eligible for compensation. Compensation can cover lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can start a lawsuit to claim compensation or make an offer of settlement from the defendants in the case.

There are usually multiple defendants in an asbestos case because there are many mining companies that produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted as employers could be held accountable for the injuries sustained by victims.

Asbestos suits often fall under the law of product liability that are based on state and common laws which permit damages to be recovered from the seller of a product when those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the victim was not adequately warned of the risks associated with using the products.

Defendants in asbestos cases often claim that they did not do anything in a negligent manner and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can cause various illnesses. Moreover, companies that hid asbestos's dangers to increase profits have been accused of attempting to cover up by attempting to suppress claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a jury or judge could decide how to split the responsibility among them in a process known as allocation. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the expense of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not inform consumers and workers of this risk.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related illness such as mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages that include emotional distress, pain and suffering, and loss of enjoyment of the life. In addition, the surviving family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

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

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer handle their case. The law firm that the victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

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

If you have questions about filing an asbestos lawsuit, contact us for a free 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 from all over the nation. Contact us via phone or email today to start your journey.

Settlements

When asbestos compensation victims win their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is less expensive and easier for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that may come with a trial verdict. It is crucial to select an attorney for mesothelioma who has 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 into the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers can then collect evidence and use it to create a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and Asbestos Case other asbestos-related illnesses, but didn't tell their employees or the general public.

A number of states have imposed a time limit, known as a statute of limitations, to determine how long asbestos victims can make a claim. The time frames vary from state to state, but generally vary from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation.

The amount of compensation a victim receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients have enough funds for their medical bills. Asbestos sufferers can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some of these trusts have been exhausted, but others continue to award large amounts of money. In 2018 the 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 attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by exposures specific to the victim.

In a court trial plaintiffs must demonstrate that they have the right to damages, including future and past medical expenses and lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often long. In the last 10 years mesothelioma jury awards cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the steps to take in the court process and can explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the parties involved, asbestos cases can be more complex. This is particularly true when the victim was exposed to more than one type of asbestos in multiple places. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile an exhaustive list of companies, products and locations.

There is a growing concern the expense of settling claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Some claimants also believe that settlements are not just based on injuries that actually occurred and deserve more in compensation.

Defendants in asbestos cases can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can help speed up the process and ensure that it doesn't be added to the long backlog of cases in courts.