Asbestos Litigation

A substantial amount of asbestos litigation has been handled by courts across the nation. Research has proven that exposure to asbestos can cause lung damage and disease.

An attorney should be able to identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be eligible for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.

There are typically several defendants in an asbestos-related case because there are many mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in a position of employer may also be accountable for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on state and common laws that permit damages to be recovered against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a flawed design, and that the injured party was not adequately warned about the risks that came with using the products.

Defendants in asbestos cases often claim that they did not behave negligently and that their products were safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various diseases. Companies that hid asbestos dangers to increase profits were accused of cover-up, as they tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

A jury or judge can decide how to allocate the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment does not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

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

The lawsuit asserts that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.

A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. A person can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life, and pain and suffering. Family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.

After an asbestos case is filed and a settlement is reached, both sides exchange information during a process called discovery. It can take several months and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

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

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation for our clients.

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

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial, because it is more cost-effective and easier for defendant companies to settle the case this way. Settlements also help avoid negative publicity that can come from a trial verdict. It is crucial to select an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complex, and attorneys must do extensive research on their clients' medical records, work history, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause for their condition. Lawyers can gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually is found in internal memos, corporate documents and statements of former employees who have worked with asbestos-containing material. In many instances, these documents show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge this information to their employees or to the general public.

A number of states have time limits known as statutes of limitations that define how long an asbestos victim can file a lawsuit. The length of time varies from state to state however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos attorney-related disease and how severe their condition is, as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims may also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay out large awards. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. In the past decade mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand how to proceed through the trial process and also explain their rights under the law in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying 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 when a person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney can interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive database of the companies as well as their products and locations.

There is a growing concern that the cost of resolving claims from past asbestos victims is consuming funds which could be used to pay for future cases. Many claimants also believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation.

Defendants in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However the motions must be based on a thorough review of the evidence and an expert opinion that the doses of asbestos the plaintiff took were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help accelerate the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.