Asbestos Litigation

A substantial amount of asbestos litigation has been handled by courts across the nation. Research has proven that asbestos exposure can cause lung damage and cause disease.

An attorney must be able recognize asbestos in every case. This can be done through talking to co-workers, getting reports, or looking at samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can choose to start a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there are typically multiple defendants as there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or who acted as employers could be held liable for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from the sellers of products when those products cause injuries. In a product liability suit it is claimed that injuries were caused by defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants frequently 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 have been linked to a myriad of illnesses. In addition, companies who concealed the risks of asbestos to boost profits have been accused of concealing the truth by trying to thwart claims and by trying to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide how to divide responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is known as allocation. The apportionment does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently and did not take reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to inform consumers and workers of the danger.

The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma could make an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for financial and other damages that include emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos-related case is filed the parties communicate information through a process called discovery. This process can last for a long time and may involve extensive interviews with co-workers and relatives, abatement workers, and others to identify potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known as a firm that can secure maximum compensation for our clients.

Contact us for a complimentary consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone now to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knew about and 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 help cover the cost of suffering and pain.

Asbestos cases are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on their client's past work history, medical records, and asbestos lawyer exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may discover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documents and the testimony of former employees who have worked with asbestos claim-containing material. In many instances these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related ailments, however, they did not communicate this information to their employees or the public.

A number of states have set a time limit, also known as a statute of limitations, for how long asbestos-related victims can bring a lawsuit. The length of time varies by state, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victims will lose their right to receive compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients receive enough funds to pay for medical expenses. Asbestos sufferers can also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been closed, but others continue to pay out large awards. For instance, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

asbestos settlement-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that aren't resolved through settlement negotiations, such as the various ways to calculate damages and whether the condition resulted from specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled to damages including future and past medical expenses and lost wages, damages to property as well as discomfort and pain and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma cases, jury verdicts cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed during the trial procedure and will explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties, asbestos cases are more complicated. This is especially true if the person has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of the companies, products, and places.

The expense of settling asbestos claims eats away funds that could be used to pay for future cases. Some claimants also believe that settlements are not basing on actual injuries and should be compensated more.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However these motions require an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a burden in the courts.