Asbestos Litigation

In courts all over the country asbestos litigation has been a significant issue. Research has 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 speaking with colleagues, obtaining records, and studying samples from home 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 assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

There are typically several defendants in asbestos cases 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. Companies that offered services to asbestos-using mines or manufacturers or in the capacity of an employer may also be accountable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a product liability lawsuit it is claimed that injuries were caused by an ineffective design or fabrication, and that the victim was not adequately warned about the risks associated with the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a variety of diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up as they sought to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury can decide how to divide the burden of responsibility among them in a process called apportionment. The apportionment will not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their condition, as well as lost earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

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

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma are able to file an asbestos lawsuit. A person may bring a lawsuit for personal injury in order to obtain compensation for economic and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the survivor family members of a deceased person due to an asbestos-related illness may bring a wrongful death lawsuit.

After an asbestos case is filed, the two parties exchange information via the process known as discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos settlement cases.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to obtain the maximum amount of compensation for our clients.

Contact us for a free consultation should you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to begin.

Settlements

If asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that can come from a trial verdict. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their clients' medical records and work history as well as asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos attorney companies negligence. Evidence usually comes in the form of internal memos, corporate documents and statements of former employees who worked with asbestos-containing products. These documents often show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their employees or the general public.

A number of states have set a limit, also known as a statute of limitations, for how long asbestos-related victims can bring a lawsuit. The length of time varies by state, but they typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to compensation.

The amount of compensation 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 have enough money to pay their medical bills. Asbestos victims might also be able to file claims through trust funds created for those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts are exhausted, but others continue to pay out huge amounts of money. For example, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, asbestos attorney such as the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs need to prove they are entitled to damages, including future and past medical expenses loss of wages, damages to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last decade mesothelioma cases, jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is typically easy to identify the parties responsible. This is especially true if a person has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney is able to interview witnesses like coworkers and relatives, abatement workers and suppliers to compile an extensive list of companies as well as their products and locations.

There is growing concern that the cost of settling claims from past asbestos victims can drain funds which could be used to pay for future cases. Some claimants also think that settlements aren't just based on injuries that actually occurred and deserve more in compensation.

Defendants can fight to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. These motions require an in-depth examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a backlog in the courts.