Asbestos Litigation

In the courts across the country asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung diseases and damage through research.

It is important that attorneys know how to identify asbestos products in each case. This can be done by discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation may cover lost wages, medical costs and other costs related to mesothelioma. You can either 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 and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in the capacity of an employer could be held accountable for the injuries of victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is founded on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a product liability suit it is claimed that the injuries were caused due to faulty design or mismanufacture and that the person injured was not adequately warned about the dangers associated with products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Companies that hid asbestos settlement risks to increase profits were accused of cover-up, and they attempted to thwart claims and stop workers from claiming financial compensation for their injuries.

A judge or jury may decide how to divide the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is called the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about the dangers.

A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma are able to make an asbestos lawsuit. A person can bring a lawsuit 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. Family members who have survived someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

After an asbestos case has been filed, the parties exchange information in an process known as discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases tend to settle instead of going to trial because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements can also prevent the negative publicity that is associated when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research on the history of their clients' employment, medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it in an effective mesothelioma case.

During pre-trial discovery, asbestos claim depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other Asbestos Claim-related illnesses but didn't disclose the information to their employees or to the general public.

A number of states have imposed a time limit, known as a statute of limitations, on the length of time asbestos victims can sue. The time frames vary from state-to-state, however, they are usually between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease the severity of their condition is, and other aspects. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds for their medical bills. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have been depleted but others continue to pay out large awards. In 2018, for instance, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition resulted from specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical costs loss of wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial process is typically lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in an open courtroom. A qualified lawyer can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true when an individual has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and abatement workers, to create a database of companies, products and locations.

There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past can drain funds that could be used to pay for future cases. Some claimants also believe that settlements should be based on actual injuries and they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment or a finding that there was not an exposure. These motions need an exhaustive examination of the evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it does not become part of the long queue of cases that are awaiting the courts.