Asbestos Litigation

In the courts across the country, asbestos litigation has been a major problem. Asbestos exposure has been shown to cause lung diseases and damage through research.

It is crucial for an attorney to know how to spot asbestos products in every case. This can be done by speaking with colleagues collecting records, or taking samples from homes or workplaces.

Liability

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

In asbestos cases, there will be multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries to victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is built on state and common laws that permit damages to be recovered against producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a design defect and that the injured party was not adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically argue that they did not behave negligently and that their products were safe, even though doctors have long recognized that asbestos-containing products can lead to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to block claims and keep workers from claiming financial compensation for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries, a jury or judge could decide how to split the burden of responsibility among them in a process called allocation. The apportionment of liability will not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos law products can help victims obtain compensation for the losses they suffered. This includes the costs of medical treatment for their condition as well as the loss of wages due to being unable to work. Victims can also receive compensation and punitive damages.

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

An asbestos-related lawsuit can be filed by a victim or estate of a person who died from an asbestos-related disease like mesothelioma. An individual can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life, and pain and suffering. Family members of someone who has died from an asbestos-related condition can make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two sides share information through a process called 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 essential that plaintiffs have an experienced lawyer handling their case. The law firm a victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

The lawyers at LK are asbestos settlement litigation experts with years of experience representing asbestos victims and their families. We are known as a firm that can secure maximum compensation for our clients.

Contact us for a complimentary consultation if you have any questions regarding filing a lawsuit against asbestos. We are dedicated 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 throughout the United States. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous 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 often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that can come when a verdict is handed down. It is essential to choose mesothelioma attorneys who have experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but did not divulge this information to their employees or the public.

A number of states have set a time limit, also known as a statute of limitations, on how long asbestos victims can make a claim. The length of time varies by state, but typically vary from one to two years. If the statute of limitations expires before a case for mesothelioma is filed victims will lose the right to compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds established for those diagnosed with mesothelioma, asbestos-related diseases.

Some of these trusts have been closed, while some continue to pay huge amounts of money. 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 produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is responsible for the Asbestos Claim-related injuries. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A qualified attorney can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true if a person has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and abatement workers to compile a database of products, employers and 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 actual injuries, and they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims using summary judgment, asbestos Claim or a finding that there was no exposure. However these motions require an extensive review of evidence and a professional opinion that the doses of asbestos the plaintiff took were insufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the long backlog of cases in courts.