Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure is proven to cause lung disease and damage through research.

It is important that attorneys know how to recognize asbestos-related products in every case. This can be done by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be eligible for compensation. Compensation can pay for medical expenses, lost wages and other costs associated with mesothelioma. You can either make a claim or offer an offer of settlement to the defendants.

In asbestos cases, there are usually multiple defendants because there are many mining companies that produce asbestos as well as 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 in a position of employer could also be liable for the injuries of victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on common and state laws that permit damages to be awarded against sellers of products if those products cause injury to. In a lawsuit involving product liability, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the person injured wasn't adequately warned about the dangers associated with the products.

The defendants in asbestos cases typically argue that they did not do anything negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can lead to various illnesses. Moreover, companies that hid asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and also to stop workers from seeking financial compensation for their injuries.

A judge or jury may decide how to divide the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment doesn't alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatments for their condition and lost wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about this risk.

An asbestos lawsuit could be filed by a victim or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person may make a claim for personal injury to seek compensation for economic and other damages including emotional distress as well as pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.

Once an asbestos case has been filed and the parties exchange information during the process of discovery. The process can last for some time and may require interviews with coworkers, family members, Asbestos Lawsuit abatement workers, and others in order to identify potential defendants.

It is crucial that plaintiffs 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 to work with should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in these cases.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients.

Contact us for a complimentary consultation if you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases are often settled rather than go to trial, as it is easier and cheaper for defendants to settle the matter this way. Settlements also avoid negative publicity that can come when a verdict is handed down. It is crucial to select a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes from internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing material. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have set a limit, also known as a statute of limitations, to determine how long asbestos-related victims can file a lawsuit. These time periods vary by state, but generally vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed victims will lose their right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some trusts are empty, while some continue to pay significant awards. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and whether the patient's condition was caused by a specific exposure.

In a court of law, plaintiffs will need to prove they have a right to damages, including future and past medical costs as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial is usually lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience 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 responsible parties. This is especially the case when an individual was exposed to more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers, to create a database of companies, products and places.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Additionally, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation.

Plaintiffs in asbestos cases can contest claims to dismiss them through the process of summary judgment or by a finding of no exposure. However the motions must be based on an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos that plaintiffs received were not sufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma attorney can help speed up the process and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.