Asbestos Litigation

A large portion of asbestos litigation has been handled in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.

It is important for an attorney to understand how to recognize asbestos-related products in each case. This can be done by speaking with colleagues in the office, collecting records, and studying samples from home or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can help with lost wages medical expenses, as well as other expenses that are associated with mesothelioma or an asbestos-related illness. You can start a lawsuit or offer an offer of settlement to the defendants.

There are typically many defendants in an asbestos-related case due to the numerous mining companies that produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in an employer capacity may also be accountable for the injuries of victims.

Asbestos suits typically fall under product liability laws which are based on state and common laws that permit damages to be recovered from the sellers of products if they cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a flawed design, and that the victim was not properly warned of the dangers that could result from 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, even though doctors have long recognized that the use of asbestos-containing products is linked to various diseases. Additionally, companies that concealed asbestos's risks to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide on how to split the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is called allocation. The apportionment does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

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

The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable precautions to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos legal was a risk and failed to warn consumers and workers of this risk.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to make an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment of the life. Family members who have survived someone who has passed away due to an asbestos-related condition can bring a wrongful death lawsuit.

When an asbestos lawsuit is initiated, the parties exchange information in an process known as discovery. This can last several months and could require extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer to handle their case. The law firm the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for clients.

Contact us for a free consultation If you have any concerns about bringing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us via email or phone now to get started.

Settlements

If Asbestos claim victims prevail in their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. This money is meant to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases are usually settled instead of 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 can also avoid the negative publicity that comes with a verdict in a trial. It is crucial to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research about their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents usually 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.

Many states set time limits which are known as statutes of limitation, on how long an asbestos victim can make a claim. These deadlines vary from state-to-state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to compensation.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with the severity of their condition is and other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos sufferers may also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to pay out large prizes. For instance, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition resulted from specific exposures.

In a trial, plaintiffs must show that they are entitled to damages, which include past and future medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible 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 much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist patients understand how to proceed in the trial process and also explain their legal rights in a courtroom with an open door. A qualified attorney can also help to identify potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is especially the case when an individual was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and Asbestos claim asbestos workers, to build an inventory of employers, products and locations.

The expense of settling asbestos claims eats away funds that could be used to pay future cases. Some claimants also believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a part of the backlog in the courts.