Asbestos Litigation

A large amount of asbestos litigation has been handled in courts across the nation. Asbestos exposure has been proved to cause lung diseases and damage by research.

An attorney should be able recognize asbestos in each case. This can be done through talking to colleagues, collecting records, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can help with lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You may choose to make a claim or offer a settlement to the defendants.

In asbestos cases, there will be multiple defendants as 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. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer may also be accountable for the injuries sustained by victims.

Asbestos suits often fall under product liability laws, which are based on common and state laws that allow for damages to be recovered from the sellers of products if the products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused by defective design or manufacturing and that the victim was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants often argue that they did not do anything in a negligent way and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of attempting to cover up by trying to thwart claims and attempting to block workers from seeking compensation for their injuries.

If more than one defendant is found to be responsible for the victim's asbestos claim-related injuries, a jury or judge could decide on how to divide the blame between them through a process known as allocation. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold Asbestos claim-related products could aid victims in recovering compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.

The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma are able to file an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. The surviving family members of those who have died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

After an asbestos case is filed, the two parties exchange information through a process called discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos lawyer cases.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to get maximum compensation for our clients.

Contact us for a free consultation for any questions about filing a lawsuit involving 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. Call or email us today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases tend to settle instead of going to trial, as it is cheaper and easier for the defendant company to settle the case this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can help clients identify 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.

During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos 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 often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have set a time limitation, also known as a statute of limitations for how long asbestos victims can sue. The time frames vary from state to state however, they are usually 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 compensation that victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds established for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts are exhausted, but others still pay huge amounts of money. For instance, in the year 2018 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-related victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including future and past medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be lengthy. Over the past 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 what to do through the trial process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the parties, asbestos cases are more complicated. This is especially true when an individual has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers to compile a database of companies, products and the locations.

There is a growing concern that the cost of settling claims of asbestos victims from the past can drain funds that could be used to fund future cases. Some claimants are also of the opinion that settlements do not reflect the actual damage and that they deserve more compensation.

In asbestos cases, defendants can fight to have claims dismissed by the process of summary judgment or by a finding of no exposure. However these motions require a thorough review of the evidence and an expert opinion that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming a backlog in the courts.