Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the country. asbestos claim exposure is proven to cause lung diseases and damage by research.

An attorney should be able identify asbestos in every case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples taken from home or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease related to asbestos. Compensation can be used to pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.

There are usually several defendants in asbestos cases because there are many mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos or acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits are often categorized under products liability laws that are based on the common law and state laws which allow damages to be recouped from sellers of goods when those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a defective design, and the injured party was not adequately warned about the risks associated with using the products.

The defendants in asbestos cases typically argue that they did not act in a negligent way and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to different diseases. Companies that concealed asbestos-related risks to boost profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to divide the blame between defendants in cases where more than one defendant has been found responsible for an asbestos-related injury. This process is called allocation. The apportionment does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed 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 treatments for their condition and the loss of wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about this risk.

An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may start a lawsuit claiming personal injury to seek compensation for financial and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life. Family members of someone who died due to an asbestos-related condition can bring a wrongful death lawsuit.

After an asbestos case has been initiated, the parties exchange information via an process known as discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

Due to the complicated nature of asbestos litigation it is essential that plaintiffs have an experienced lawyer to handle their case. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to obtain the highest amount of compensation for our clients.

Contact us for a free consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and asbestos Houston, Texas. We represent clients throughout the United States. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation may also cover suffering and pain.

Asbestos cases usually settle instead of going to trial, because it is less expensive and easier for defendants to settle the case in this way. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is essential to choose mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into the history of their clients' employment, medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers are able to gather evidence and use it to construct a strong mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos producers were aware of mesothelioma's dangers, 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, on the length of time asbestos victims can file a lawsuit. The length of time varies by state, but usually vary between one and two years. If the statute of limitations expires before a case for mesothelioma has been filed, victims will lose their right to compensation.

The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease and how severe their condition is, as well as other aspects. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts are depleted, but some continue to pay huge amounts of money. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition was caused by specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including future and past medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma juries' awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist victims understand how to proceed in the court process and also explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially the case when the victim was exposed to more than one type of asbestos and in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile an extensive database of the companies, products and locations.

There is a growing concern that the cost of resolving claims from past asbestos victims is consuming funds that could be used to pay for future cases. Some claimants believe that settlements do not reflect actual injuries and they are entitled to more compensation.

In asbestos cases, asbestos defendants can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. However these motions require an in-depth review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took did not cause mesothelioma. A mesothelioma lawyer can help accelerate the process and stop the case from becoming a burden in the courts.