Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage and Asbestos attorney disease.

An attorney should be able to identify asbestos in every case. This can be done through speaking to colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation when you or someone you care about is diagnosed with a disease related to asbestos. Compensation can be used to pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can either file a lawsuit or Asbestos Attorney offer a settlement to the defendants.

There are typically many defendants in asbestos cases because there are numerous mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos or who were employers could be held responsible for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be sought against manufacturers of products if the products cause injury to. In a suit for product liability where the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately informed about the dangers of the products.

In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies that concealed asbestos-related risks to make profits were accused of cover-up as they sought to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the blame between the defendants in a process referred to as the apportionment. The apportionment process does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not use reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of this risk.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person may start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes like emotional distress or pain and suffering and loss of enjoyment of the life. Family members who have survived someone who has died from an asbestos-related illness can also file a wrongful deaths lawsuit.

Once an asbestos case has been initiated, the parties exchange information via a process called discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complexity of asbestos litigation it is imperative that plaintiffs have an experienced lawyer handle their case. The law firm that a victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via email or phone now to get started.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases often settle instead of going to trial because it is less expensive and easier for defendant companies to settle the matter in this manner. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on their client's employment history, medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge this information to their employees or to the public.

There are many states that set time limits also known as statutes or limitations on the time asbestos victims have to file a lawsuit. The length of time varies from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to receive compensation.

The amount of money that victims can receive depends on their asbestos-disease diagnosis, how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough funds to pay their medical expenses. Asbestos victims can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts have been wiped out, but others continue to pay substantial awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a particular exposure.

In a trial the plaintiffs must prove that they are entitled to compensation, such as future and past medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos attorney-related injuries. The trial can be long. In the past decade mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do in the trial procedure and will explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is generally simple to identify the responsible parties. This is particularly true if someone has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile an extensive list of companies, products and locations.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. In addition, some claimants believe that settlements should be based on actual injuries and they deserve more compensation.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer could help to accelerate the process and make sure that it doesn't be added to the long backlog of cases in courts.