Asbestos Litigation

A large amount of asbestos litigation has been dealt with in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able identify asbestos in every case. This can be done by discussing with colleagues, obtaining reports, or looking at samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can assist with the loss of wages medical expenses, as well as other expenses that are associated with mesothelioma or an asbestos-related illness. You can choose to file a lawsuit or offer an agreement to the defendants.

There are usually several defendants in an asbestos-related case because there are numerous mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or acted as employers could also be held responsible for injuries suffered by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on common and state laws that permit damages to be awarded against sellers of products if those products cause injury to. Specifically, in a product 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 that came with using the products.

In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a range of illnesses. Companies that concealed asbestos-related risks to make profits were accused of cover-up, as they tried to block claims and keep workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide how to allocate responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as the apportionment. The apportionment process does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

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

The lawsuit claims that the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos 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 diseases such as mesothelioma may bring an asbestos lawsuit. A person can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering and loss of enjoyment of life, and pain and suffering. Family members who have survived someone who has passed away due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, both sides communicate information through a process called discovery. This can last several months and could require extensive interviews with co-workers or relatives, abatement employees and others to determine potential defendants and asbestos-related products.

Due to the complexity of asbestos legal litigation it is crucial that plaintiffs choose a seasoned lawyer handling their case. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its experience in these cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the victim and their family with the financial burdens resulting from the Asbestos claim exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated from a trial verdict. It is crucial to select mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research into their client's work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however they didn't inform their workers or the general public.

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

The amount victims can receive depends on the diagnosis of their asbestos-related disease and how severe their condition is, and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts are closed, while some continue to pay significant awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that are not resolved through settlement negotiations, including differences in the method of calculating damages and whether the condition was caused by exposures specific to the victim.

In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and also explain their legal rights in a courtroom with an open door. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the parties, asbestos cases can be more complicated. This is especially the case when an individual was exposed to more than one type of asbestos and in multiple places. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of employers, products and the locations.

The cost of resolving asbestos claims eats up funds which could have been used to fund future cases. In addition, some claimants believe that settlements aren't just based on injuries that actually occurred and should be compensated more.

The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was no exposure. However, these motions require a thorough review of the evidence and an expert opinion that the doses measured of asbestos that plaintiffs received were insufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming a burden in the courts.