Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the nation. Research has shown that exposure to asbestos can cause lung damage as well as disease.

An attorney should be able to identify asbestos in every case. This can be accomplished by talking with co-workers collecting records, or analyzing samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation may help pay for lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You can start a lawsuit or offer an agreement to the defendants.

In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in the capacity of an employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law which is founded on state and common laws that allow damages to be recovered against the sellers of products when those products cause injury to. In a product liability lawsuit it is claimed that the injuries resulted from the design defect or manufacturing error and that the victim was not adequately warned of the dangers associated with the products.

The defendants in asbestos cases typically claim that they did not do anything 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 concealed asbestos risks to boost profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide on how to split the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This is known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence and did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos law could be hazardous and failed to inform consumers and workers about this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who died from an asbestos-related disease like mesothelioma. A person may make a claim for personal injury to seek compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment the life. The surviving family members of someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

After an asbestos case is filed, both sides communicate information through the process of discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.

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

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

Settlements

When asbestos victims win 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 exposure. Compensation can help cover the pain and suffering.

Asbestos cases are often settled rather than go to trial, because it is less expensive and easier for defendant companies to resolve the matter in this manner. Settlements also help avoid negative publicity that comes from a trial verdict. It is crucial to find mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases but did not inform their workers or the general public.

Many states set time limits which are known as statutes of limitation on the time an asbestos victim has to bring a lawsuit. These deadlines 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, the victims lose their right to be compensated.

The amount of compensation a victim receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds established for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have been closed, but others continue to award substantial prizes. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to compensation, such as future and past medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed during the trial procedure and will explain their rights under the law in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is usually easy to identify responsible parties. This is particularly true if a person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of companies, products, and locations.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past can drain funds which could be used to fund future cases. Some claimants believe that settlements do not reflect the actual damage and that they should be compensated more.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions need an in-depth examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help speed up the process and make sure that it doesn't become part of the long queue of cases that are awaiting the courts.