Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Research has shown that exposure to asbestos can cause lung damage as well as disease.

It is important for an attorney to understand how to recognize asbestos-related products in every case. This can be done through speaking to colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related illness. You can make a claim for compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there will be several defendants since there are a variety of mining companies that produce asbestos as well as 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 who acted in the capacity of an employer could also be liable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be recovered against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or defective design and that the victim was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a myriad of illnesses. Companies that hid asbestos risks to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from claiming financial compensation for their injuries.

A jury or judge may decide how to divide the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment process does not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims can also be awarded punitive and compensatory 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 also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for damages arising from economic or other causes, such as emotional distress, pain and suffering, and loss of enjoyment the life of. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit.

When an Asbestos Law lawsuit is initiated, the parties exchange information through the process known as discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is important that plaintiffs hire an experienced lawyer handling their case. The law firm that the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to get maximum compensation for our clients.

Contact us for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to begin.

Settlements

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

Asbestos cases often settle rather than go to trial because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research about 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 condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have worked with asbestos-containing products. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related ailments, however, they did not communicate the information to their employees or to the public.

A number of states have time limits known as statutes of limitations, on how long an asbestos victim has to make a claim. The length of time varies by state, but generally range from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to a fair settlement.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other factors. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients receive enough funds to pay for medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts are closed, while others still pay substantial awards. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is caused by an exposure.

In a court trial the plaintiffs have to prove that they have the right to compensation, such as future and past medical expenses, loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial can be lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand what to do in the court process and explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying 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 when someone has been exposed to asbestos in multiple places and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and asbestos workers, to build an inventory of products, employers and the locations.

The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. Furthermore, some claimants believe that settlements should be founded on actual injuries and should be compensated more.

Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was no exposure. However these motions require an extensive review of evidence and a professional opinion that the measured doses of asbestos compensation that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can help speed up the process and ensure that it does not become part of the lengthy backlog of cases in the courts.