Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the nation. Research has proved that exposure to asbestos can cause lung damage and illness.

It is crucial for an attorney to understand how to identify asbestos-related materials in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as analyzing samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can either bring a lawsuit, or offer an agreement to the defendants.

There are typically several defendants in a case involving asbestos because there are a variety of mining companies that made asbestos and the manufacturers of products that contain asbestos Attorney. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers that used asbestos or acted as employers could be held responsible for injuries to victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that permit damages to be awarded against the sellers of products when those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a defective design, and the victim was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up as they sought to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit against a company which manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their condition and lost wages due to being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about the dangers.

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 can make a personal injury claim to claim compensation for economic and non-economic damages, including emotional stress and suffering, loss of enjoyment life, and pain and suffering. Family members who have survived someone who has died from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case has been filed, the parties exchange information via an process known as discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must be aware of the unique complexities involved in asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos settlement cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to get started.

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 pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases often settle rather than going to trial, as it is less expensive and easier for defendant companies to resolve the case in this way. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then collect evidence and use it to create a mesothelioma case that is strong and successful.

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

A number of states have set a time 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 typically range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount victims will receive is contingent upon their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure patients have enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some of these trusts are depleted, but some continue to pay huge amounts of money. For instance, in 2018 a federal jury awarded $70 million to the family of an 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, for instance the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial the plaintiffs have to prove that they are entitled to compensation, such as future and past medical expenses such as loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma juries' awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is typically easy to identify responsible parties. This is particularly true if someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and asbestos workers, to build a database of companies, products and the locations.

There is growing concern that the cost of settling claims from asbestos victims in the past is draining funds which could be used to fund future cases. Furthermore, some claimants believe that settlements should be based on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims through summary judgment or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.