Asbestos Litigation

A large portion of asbestos-related litigation has been handled in courts across the nation. Research has shown that asbestos exposure can cause lung damage and disease.

An attorney should be able identify asbestos in each case. This can be done by chatting with colleagues, obtaining records, and analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can be used to pay for lost wages, medical expenses and other expenses related to mesothelioma. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

In asbestos lawyer cases, there are usually multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers that used asbestos or acted as employers could be held responsible for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on common and state laws that allow damages to be recouped from manufacturers of products if the products cause injury to. In a suit for product liability it is claimed that the injuries occurred due to faulty design or mismanufacture and that the person injured wasn't adequately warned about 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 in spite of the fact that doctors have known for a long time that asbestos-containing products are linked to a variety of diseases. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of covering up the issue in attempting to block claims and also to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for the victim's asbestos-related injuries, a jury or judge can decide how to divide the responsibility among them in a process called the apportionment. The apportionment does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or asbestos lawsuit the estate of a person who has died from an asbestos-related condition like mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. Family members who have survived someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the parties exchange information in the process of discovery. This process may take some time and may require interviews with family members, asbestos lawsuit coworkers, members, abatement workers and others 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 the victim, or their family, chooses should 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.

Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the country. Contact us by email or phone today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover pain and suffering.

Asbestos cases are typically settled rather than 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 reduce the negative publicity that comes with a trial verdict. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause for their condition. Lawyers can then collect evidence and use it in the preparation of an effective mesothelioma suit.

In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related diseases but did not divulge the information to their employees or to the public.

Many states have imposed a time limit, known as a statute of limitations, for how long asbestos victims can bring a lawsuit. The time frames vary from state to state, but generally vary from one to two years. If the statute of limitation expires before a suit for mesothelioma has been filed, the victim will lose their right to compensation.

The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease and how severe their condition is, as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical bills. Asbestos-related victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay substantial payouts. In 2018, for instance a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help settle issues that are not resolved through settlement negotiations, such as the various ways to calculate damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the last decade mesothelioma cases, jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help patients understand how to proceed through the trial procedure and will explain their rights under the law in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is generally easy to identify responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers to compile an inventory of the companies, products and the locations.

There is growing concern that the expense of settling claims of asbestos victims from the past has a negative impact on funds that could be used to fund future cases. Some claimants also think that settlements aren't based on actual injuries and deserve more in compensation.

The defendants in asbestos cases may fight to have claims dismissed by summary judgment or a conclusion of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.