Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage as well as disease.

An attorney should be able to recognize asbestos in each case. This can be accomplished through conversations with coworkers or obtaining records, as well as analyzing samples from homes or work sites.

Liability

You may be entitled to compensation if you or someone you love has been diagnosed with a disease related to asbestos. Compensation may help pay for lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can either start a lawsuit or offer a settlement to the defendants.

There are usually several defendants in a case involving asbestos because there are many mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in an employer capacity could also be held responsible for the injuries sustained by victims.

Asbestos suits often fall under products liability laws that are based upon the laws of the state and common law that allow for damages to be recovered from sellers of products when those products cause injury. In a suit for product liability where the injuries occurred due to an ineffective design or fabrication, and that the victim was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants often claim 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 wide range of ailments. Companies that hid asbestos risks to increase profits were accused of a cover-up. They tried to suppress claims and prevent workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries the judge or jury could decide on how to divide the blame between them in a process known as apportionment. The apportionment of liability will not alter the amount of money a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that manufactured or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their condition and lost earnings due to the inability to work. Victims can also receive compensation and punitive damages.

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

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma could make an asbestos lawsuit. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional anxiety, loss of enjoyment of life, and suffering and pain. The surviving family members of someone who has passed away due to an asbestos-related illness may also file a wrongful deaths lawsuit.

After an asbestos case is filed, the parties exchange information through a process called discovery. This can last several months and could require extensive interviews with co-workers family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that a plaintiff or their family selects should be aware of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to obtain the highest amount of compensation for our clients.

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

Settlements

When victims win their asbestos case lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is meant to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research into the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related illnesses however, they did not communicate this information to their employees or the general public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim can file a lawsuit. These time periods vary between states, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to compensation.

The amount of compensation a victim are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to cover their medical expenses. Asbestos victims may also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments.

Some of these trusts have been empty, while others continue to award significant awards. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses such as loss of wages, asbestos case property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do through the trial procedure and will explain their rights under the law in a courtroom that is open to the public. An experienced attorney can help to identify potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is generally simple to identify the responsible parties. This is especially true if a person has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers, to create a database of the companies, products, and locations.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past is consuming funds that could be used to pay for future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

In asbestos cases, defendants can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However the motions must be based on an extensive review of evidence and an expert's view that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a burden in the courts.