Asbestos Litigation

A large amount of asbestos-related litigation has been handled by courts across the nation. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney should be able to recognize asbestos in each case. This can be done by talking with co-workers, obtaining records, and studying samples from home or work sites.

Liability

You may be entitled to compensation If you or someone you love has been diagnosed with a disease related to asbestos. Compensation may help pay for lost wages, medical expenses and other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers who used asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos suits are typically governed by laws governing product liability that are based upon common and state laws that permit damages to be recouped from sellers of goods when those products cause injury. In a product liability suit, it is alleged the injuries were caused by the design defect or manufacturing error and that the person injured was not adequately informed about the risks associated with the products.

In asbestos cases, defendants often argue that they did not behave in a negligent way and that their products were safe, even though doctors have long recognized that asbestos-containing products can cause various diseases. Furthermore, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth in attempting to block claims and by trying to block workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide on how to split responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This is known as allocation. The apportionment process does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not exercise reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos was a risk and failed to warn workers and consumers 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 file a lawsuit for personal injury to claim compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

When an asbestos lawsuit has been initiated, the parties exchange information through an process known as discovery. This can last several months and could require extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the complexities unique to 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 renowned for our ability to get maximum compensation for our clients.

Contact us for a complimentary consultation for any questions 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 all over the country. Contact us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's past work history as well as medical records, and asbestos compensation; Link Website, exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form internal memos, corporate documentation and testimony of former employees who been exposed to asbestos-containing materials. In many instances documents, they show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos law-related diseases but didn't disclose this information to their employees or to the general public.

Many states set time limitations which are known as statutes of limitation that define how long an asbestos victim can make a claim. The length of time varies from state to state but generally range between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount of money victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims might also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been depleted but others continue to award substantial awards. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial, plaintiffs must show that they have the right to damages, including future and past medical expenses and lost wages, property damages as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be long. In the last 10 years mesothelioma cases, jury verdicts cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially true if a person has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create an exhaustive database of employers as well as their products and locations.

The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Many claimants also believe that settlements don't reflect the actual damage and that they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However the motions must be based on an exhaustive review of the evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help speed up the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.