Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage by research.

An attorney should be able recognize asbestos in every case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can choose to bring a lawsuit, or offer an offer of settlement to the defendants.

In asbestos cases, there are usually multiple defendants because there are many mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos, or who acted as employers could be held accountable for the victims' injuries.

Asbestos suits typically fall under laws governing product liability which are based on state and common laws that allow for damages to be recovered from the seller of a product when the products cause injury. In a lawsuit involving product liability, it is alleged the injuries were caused due to an ineffective design or fabrication, and that the injured person was not adequately warned about the dangers of the products.

In asbestos cases, defendants often argue that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Moreover, companies that hid asbestos's risks to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility among them in a process called apportionment. The apportionment does not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a business that made or sold asbestos can help victims receive compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person can make a claim for personal injury in order to obtain compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related disease can make a claim for wrongful death.

After an asbestos lawsuit is filed and a settlement is reached, both sides exchange information in a process known as discovery. This process can last for a long time and may include extensive interviews with colleagues family members, abatement workers, relatives, and others to identify potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm that the victim or their family selects should be able to comprehend the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to get the highest amount of compensation for our clients.

Contact us today for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by email or phone now to get started.

Settlements

If asbestos victims win their lawsuits, Asbestos Lawsuit they receive compensation from the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may cover the suffering and pain.

Asbestos cases are often settled rather than go to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements also reduce the negative publicity that could be associated with a trial verdict. It is important to hire an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on their clients' medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing material. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their workers or the public.

Many states set time limits, called statutes of limitations that define how long an asbestos victim has to start a lawsuit. These deadlines vary from state to state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to be compensated.

The amount of compensation a victim are entitled to is determined by the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds established to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been closed, while others continue to pay out substantial awards. In 2018, a federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, like differences in the method of calculating damages and if the victim's condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses such as lost wages, property damages or loss of enjoyment, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The trial can take a long time. Over the past 10 years, jury awards in mesothelioma cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help patients understand how to proceed through the trial process and also explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when a person was exposed to more than one type of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a detailed database of employers products, locations and other information.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to pay for future cases. In addition, some claimants believe that settlements aren't based on actual injuries and should be compensated more.

The defendants in asbestos cases may seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an in-depth examination of the evidence and an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming a burden in the courts.