Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung disease and damage by research.

It is essential that attorneys know how to spot asbestos products in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.

There are usually several defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos, or acted as employers could be held liable for injuries to victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that allow damages to be recovered against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a flawed design, and that the person who suffered injury wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants typically argue that they did not do anything recklessly and that their products are safe, asbestos even though doctors have long recognized that asbestos-containing products is linked to various diseases. Moreover, companies that hid asbestos's risks to boost profits have been accused of engaging in a cover-up in attempting to block claims and by trying to prevent workers from seeking compensation for their injuries.

A judge or jury may decide how to distribute the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment process does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person may start a personal injury suit to seek compensation for economic and non-economic damages, including emotional distress, loss of enjoyment of life, and pain and suffering. In addition, the survivors of a family members of a person who died from an asbestos-related illness can make a claim for wrongful death.

After an asbestos case is filed and the parties exchange information in the process of discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for our clients.

Contact us today for a no-obligation consultation for any questions regarding 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 throughout the nation. Contact us by phone or email today to begin.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. The money is intended to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research on their client's medical records and work history as well as asbestos law exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing products. In many instances documents, they show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their workers or the public.

Many states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos victims are allowed to file a lawsuit. The time frames vary from state-to-state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to compensation.

The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is, and other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough money for their medical bills. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Some trusts are depleted, but others still pay large amounts of money. For example, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from 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 resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical costs and lost wages, damages to property as well as pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand asbestos the steps to take in the court procedure and will explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when the victim was exposed to more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of companies, products, and the locations.

The expense of settling asbestos claims eats up funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect the actual damage and that they deserve more compensation.

In asbestos cases, defendants can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. These motions need an in-depth examination of the evidence and an expert's assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer could help to speed up the process and make sure that it doesn't become part of the long backlog of cases in courts.