Asbestos Litigation

A large portion of asbestos litigation has been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage and disease.

An attorney should be able to identify asbestos in every case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation can pay for medical expenses, lost wages and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

In asbestos cases, there are usually several defendants since there are a variety of mining companies that produce 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 as employers could be held accountable for the injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos law cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products have been linked to a range of illnesses. In addition, companies who concealed asbestos's risks to boost profits have been accused of attempting to cover up in attempting to block claims and also to stop workers from seeking compensation for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a jury or judge could decide how to split the burden of responsibility among the defendants in a process referred to as the apportionment. The apportionment doesn't alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about the dangers.

A victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can bring a lawsuit for personal injury in order to obtain compensation for financial and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the surviving family of someone who died from an asbestos-related disease can make a claim for wrongful death.

After an asbestos case is initiated, the parties exchange information in an process known as discovery. This can last several months and could require extensive interviews with co-workers and relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm that the victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a free consultation. 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 throughout the nation. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. The money is intended to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that can come when a verdict is handed down. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's past work history as well as medical records, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers are able to gather evidence and use it to create a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents and asbestos testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related illnesses but didn't disclose the information to their employees or the general public.

Many states set time limitations which are known as statutes of limitation on the time an asbestos victim can file a lawsuit. These time periods vary by state, but generally vary from one to two years. If the statute of limitations expires before a case for mesothelioma is filed, the victim will lose their right to receive compensation.

The amount of compensation that victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos-related victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma as well as other asbestos-related diseases.

Certain trusts are closed, while others continue to pay out huge amounts of money. 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 was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, like 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 have to prove that they are entitled to damages including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can take a long time. In the past decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand how to proceed during the trial process and explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties involved, asbestos cases can be more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an exhaustive list of companies as well as their products and locations.

There is a growing concern the expense of settling claims of asbestos victims who have been in the past can drain funds that could be used to pay for future cases. Some claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was no exposure. However these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming part of the backlog in the courts.