Asbestos Litigation

In courts all over the nation, asbestos litigation has been a significant issue. Research has shown that asbestos exposure can cause lung damage and disease.

An attorney must be able to identify asbestos in every case. This can be done through talking to colleagues, collecting documents, or by analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a condition related to asbestos. Compensation can pay for lost wages, medical costs and other costs related to mesothelioma. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

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

Asbestos lawsuits typically fall into the legal category of product liability law which is built on state and common laws that permit damages to be sought against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or defective design and that the victim wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they did not behave in a negligent way and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products can lead to different diseases. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of concealing the truth by attempting to suppress claims and attempting to stop workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the responsibility between them in a process known as apportionment. The apportionment process does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

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

The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit could be filed by a victim or estate of a person who died from an asbestos-related disease like mesothelioma. A person may make a claim for personal injury in order to obtain compensation for financial and other damages that include emotional distress or pain and suffering and loss of enjoyment of the life of. The surviving family members of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos-related case is filed, the parties exchange information through an process known as discovery. This may take a few months, and may require extensive interviews with colleagues and relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses be aware of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.

The lawyers at LK are asbestos Attorney litigation experts with years of experience representing asbestos victims and their families. We are renowned for our ability to obtain the highest amount of compensation for our clients.

Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's less expensive and asbestos attorney easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that may come from a trial verdict. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

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

Many states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos victims are allowed to bring a lawsuit. The time frames vary from state to state, but usually vary between one and two years. If the statute of limitations expires before a case for mesothelioma is filed, the victims will lose their right to compensation.

The amount of compensation that victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos victims may also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to award substantial payouts. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by an exposure.

In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical costs and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial process is typically lengthy. In the last decade mesothelioma cases, jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and also explain their rights under the law in a courtroom with an open door. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation are more complicated. This is particularly true when a person has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to create a comprehensive list of companies, products and locations.

There is a 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 pay for future cases. In addition, some claimants believe that settlements are not basing on actual injuries and should be compensated more.

Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a finding of no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to speed up the process and ensure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.