Asbestos Litigation

A significant amount of asbestos litigation has been dealt with in courts across the country. Research has proved that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able to recognize asbestos in every case. This can be done through discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can pay for lost wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.

There are typically multiple defendants in an asbestos case because there are a variety of mining companies that produce asbestos and manufacturers of the products that contained 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 acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the injured party was not adequately warned about the risks that came with using the products.

Defendants in asbestos cases often claim that they did not act recklessly and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Companies that hid asbestos risks to make profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking an amount of compensation for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility among them through a process known as apportionment. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. 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 claims that the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos was a risk and failed to in educating consumers and workers about the risk.

An asbestos lawsuit may be filed by a victim, or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. A person can start a lawsuit claiming personal injury to seek compensation for financial and other damages including emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of someone who passed away from an asbestos-related disease may make a claim for wrongful death.

Once an asbestos case is filed, the two sides share information through a process called discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to secure the maximum amount of compensation for our clients.

If you have any questions about 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 in Salt Lake City, Utah, and Houston, Asbestos Case Texas. We represent clients from all over the nation. Contact us by email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases often settle instead of going to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements also prevent negative publicity that could be associated from a trial verdict. It is essential to choose mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.

A number of states have imposed a time limit, known as a statute of limitations, to determine how long asbestos victims are allowed to file a lawsuit. The durations vary by state, but generally vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to compensation.

The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis the severity of their condition is and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay their medical expenses. asbestos claim victims may also be able to claim through trust funds that have been established for those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts are closed, while others still pay substantial awards. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses as well as loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma cases, jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true if a person has been exposed to asbestos in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and asbestos workers, to build a database of products, employers and the locations.

The cost of resolving asbestos claims drains funds that could have been used to fund future cases. Many claimants also believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. However they must be able to provide an in-depth review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and asbestos case avoid the case from becoming a part of the backlog in the courts.