Asbestos Litigation

A large portion of asbestos litigation has been dealt with in courts across the nation. Asbestos exposure is proven to cause lung diseases and damage by research.

It is essential for an attorney to understand how to spot asbestos products in each case. This can be done through talking to colleagues, collecting documents, or asbestos Law analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you love is diagnosed with a disease related to asbestos compensation. Compensation can help with lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.

In asbestos law cases, there are generally multiple defendants due to the fact that there are many mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or as employers could also be held responsible for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against producers of products if those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or defective design and that the person injured was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a myriad of illnesses. Companies who concealed asbestos-related risks to make profits were accused of cover-up as they sought to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the victim's asbestos-related injuries, a judge or jury may determine how to divide the blame between them in a process known as apportionment. The apportionment doesn't affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their disease, as well as lost wages due to being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant was negligent, meaning that it failed to take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to inform consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim, or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life as well as pain and suffering. Family members of those who have died due to an asbestos-related condition can pursue a wrongful-death lawsuit.

After an asbestos case is filed, the two sides exchange information through the process known as discovery. It can take several months and could require extensive interviews with colleagues, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

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

If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by email or phone today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for financial losses caused by Asbestos Law exposure. Compensation can also cover suffering and pain.

Asbestos cases usually settle instead of going to trial, as it is less expensive and easier for defendants to settle the case in this way. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to select mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and Asbestos law lawyers must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes in the form of internal memos, corporate documentation and statements of former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their employees or to the public.

A number of states have time limits known as statutes of limitations that define how long an asbestos victim has to start a lawsuit. The time frames vary from state to state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to compensation.

The amount of money victims are entitled to is determined by the severity of their illness the diagnosis, as well as other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay out large payouts. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that aren't resolved through settlement negotiations, including the different methods of calculating damages and whether the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical costs loss of wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial can take a long time. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is generally simple to identify the responsible parties. This is particularly true when an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney is able to interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create an extensive list of companies, products and locations.

The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Furthermore, some claimants believe that settlements should be basing on actual injuries and deserve more in compensation.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. However, these motions require an exhaustive review of the evidence and an expert opinion that the doses measured of asbestos that plaintiffs received were insufficient to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can assist to speed up the process and ensure that it does not become part of the long backlog of cases in courts.