Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Studies have proven that asbestos exposure can cause lung damage as well as disease.

It is vital for an attorney to know how to spot asbestos products in each case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. 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 file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.

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

Asbestos lawsuits are often categorized under product liability laws, which are based on the laws of the state and common law which allow damages to be recovered from the sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or defective design and that the victim wasn't adequately warned of the risks that came with using the products.

Defendants in asbestos cases often claim that they didn't act in a negligent manner and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to thwart claims and stop workers from claiming an amount of compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the burden of responsibility among them in a process called apportionment. The apportionment does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their disease and the loss of earnings due to the inability to work. Victims may also receive compensation and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers.

A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos compensation lawsuit. A person can start a lawsuit claiming personal injury to seek compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of a person who died from an asbestos-related illness can make a claim for wrongful death.

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

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

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining maximum compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, contact 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 from all over the nation. Contact us by email or phone today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that 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 cost of suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that could be associated with a trial verdict. It is important to hire an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research on their client's medical records, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases, but did not divulge the information to their employees or to the general public.

A number of states have set a time limitation, also known as a statute of limitations, to determine the length of time asbestos victims can bring 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, the victims lose their rights to compensation.

The amount of compensation victims are entitled to is determined by the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical bills. Asbestos victims may also be able to claim through trust funds that have been established for mesothelioma attorney those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been empty, while some continue to pay significant awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs as well as lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is often lengthy. In the last 10 years mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the steps to take during the trial process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is often simple to identify the responsible parties. This is particularly true when a person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to compile an exhaustive database of employers, products and locations.

There is a growing concern the cost of resolving claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. Additionally, some claimants believe that settlements aren't founded on actual injuries and should be compensated more.

The defendants in asbestos cases may contest claims to dismiss them through summary judgment or a conclusion of no exposure. However, these motions require an exhaustive review of the evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming a backlog in the courts.