Asbestos Litigation

In courts all over the nation asbestos litigation has been a major problem. Studies have proven that exposure to asbestos can cause lung damage and illness.

It is crucial that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by talking with co-workers collecting records, or taking samples from homes or workplaces.

Liability

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

There are typically several defendants in an asbestos case because there are numerous mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in the capacity of an employer could be held accountable for injuries sustained by victims.

Asbestos suits often fall under products liability laws that are based upon state and common laws which allow damages to be recouped from the seller of a product when they cause injury. In a product liability suit it is claimed that the injuries were caused by the design defect or manufacturing error and that the person who was injured wasn't adequately warned about the dangers of the products.

In asbestos cases, defendants typically claim that they did not act in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that concealed asbestos risks to make profits were accused of cover-up as they sought to thwart claims and stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility among them in a process known as allocation. The apportionment doesn't alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence which means that it did not exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to inform consumers and workers of this risk.

A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to start an asbestos compensation lawsuit. A person can make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivors of a family members of a deceased person due to an asbestos-related illness may file a wrongful death lawsuit.

After an asbestos case is filed and the parties exchange information during the process known as discovery. This process may take several months and may involve interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should be aware of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants 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 renowned for our success in obtaining maximum compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a free 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 throughout the United States. Contact us now to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. The money is intended to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial, because it is less expensive and easier for defendants to settle the matter in this manner. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it in an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge the information to their employees or the public.

Many states set time limitations which are known as statutes of limitation, on how long an asbestos victim has to file a lawsuit. These time periods vary by state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition and their 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 money to pay for medical expenses. Asbestos victims may also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been closed, but others continue to pay substantial prizes. 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 manufactured by John Crane Inc.

Trials

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

In a court of law, plaintiffs will be required to prove that they are entitled to damages including past and future medical costs and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial can take a long time. In the past decade mesothelioma jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial and explain their legal right in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially true when a person was exposed to more than one kind of asbestos in various locations. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of companies, products, and locations.

The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants also think that settlements aren't founded on actual injuries and they deserve more compensation.

Defendants in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. However the motions must be based on an in-depth review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff received were insufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a part of the backlog in the courts.