Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the country. Asbestos exposure has been proven to cause lung damage and lung disease by research.

It is essential for attorneys to know how to spot asbestos products in each case. This can be accomplished by talking with co-workers or obtaining records, as well as studying samples from home or work sites.

Liability

You could be eligible for compensation If you or someone you know is diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other expenses related to mesothelioma. You can choose to file a lawsuit or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or as employers could be held accountable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is built on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a defective design, and the victim was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products are linked to a myriad of illnesses. Furthermore, companies that concealed asbestos's dangers in order to boost profits have been accused of covering up the issue in attempting to block claims and attempting to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide how to split the blame between them through a process known as the apportionment. The apportionment process does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims can also be awarded compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure 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 workers and consumers of this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related illness like mesothelioma. A person may bring a lawsuit for personal injury in order to obtain compensation for other and economic damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. Family members who have survived someone who has passed away due to an asbestos-related illness can also file a wrongful deaths lawsuit.

Once an asbestos case has been filed and the parties share information in a process called discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complexity of asbestos litigation, it is important that plaintiffs get an experienced lawyer handling their case. The law firm that a plaintiff or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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 our clients.

Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to begin.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the victim's family and friends financially for the financial loss resulting from the asbestos attorney exposure. Compensation can help cover pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances, these documents show that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases but did not divulge the information to their employees or to the public.

Many states set time limits also known as statutes or limitations that define how long an asbestos victim can bring a lawsuit. The length of time varies by state, but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to compensation.

The amount patients can receive is contingent on the asbestos-related diagnosis they receive the severity of their condition is and other aspects. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been depleted, but others continue to award huge amounts of money. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can also help in resolving issues that aren't resolved through settlement negotiations, for instance the various ways to calculate damages and whether the patient's condition was caused by exposures specific to the victim.

In a trial the plaintiffs must prove that they are entitled to damages, including future and past medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is responsible for asbestos lawsuit the asbestos-related injury. The trial process is typically long. In the past decade mesothelioma jury awards cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take in the court procedure and will explain their rights under the law in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is generally simple to identify the responsible parties. This is especially true when someone was exposed more than one kind of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers and relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations.

The cost of resolving asbestos claims drains funds which could have been used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

The defendants in asbestos settlement cases may seek to dismiss claims through summary judgment or a finding of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and avoid the case from becoming a backlog in the courts.