Asbestos Litigation

In courts all over the nation asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung diseases and damage by research.

An attorney should be able recognize asbestos in each case. This can be accomplished through conversations with coworkers, obtaining records, and analysing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

There are typically many defendants in an asbestos case because there are many mining companies that made asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers that used asbestos or who acted as employers could be held responsible for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be sought against producers of products if those products cause injuries. In a product liability suit, it is alleged the injuries occurred due to the design defect or manufacturing error and that the person who was injured was not adequately warned of the risks associated with the products.

Defendants in asbestos cases often argue that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related risks to boost profits were accused of cover-up as they sought to block claims and keep workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between them in a process known as allocation. The apportionment will not alter the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could assist victims to recover compensation. This includes the costs of medical treatment for their condition as well as the loss of wages due to inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to inform consumers and workers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who has died due to an asbestos-related illness, such as mesothelioma. A person can bring a lawsuit for personal injury in order to obtain compensation for economic and other damages including emotional distress as well as pain and suffering and loss of enjoyment the life. The surviving family members of someone who died due to an asbestos-related illness may also bring a wrongful death lawsuit.

Once an asbestos case is filed, the two sides share information through the process of discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining maximum compensation for clients.

Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via email or phone today to begin.

Settlements

If asbestos victims win their cases, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases often settle instead of going to trial, as it is easier and cheaper for the defendant company to settle the matter this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on the history of their clients' employment, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their condition. Lawyers are able to gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related illnesses but did not disclose the information to their employees or the public.

A number of states have set a time limitation, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The durations vary by state, but they typically range from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients have enough funds to pay their medical bills. Asbestos victims might also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related diseases.

Some trusts are empty, while others continue to pay out huge amounts of money. In 2018, for instance, 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 also help settle issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages, including future and past medical costs, lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties involved, asbestos cases can be more complicated. This is especially true if someone has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create a detailed list of companies, products and locations.

The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Some claimants also believe that settlements don't reflect actual injuries, and they deserve more compensation.

Defendants in asbestos claim cases can fight to have claims dismissed through summary judgment or a finding of no exposure. These motions are, however, subject to an exhaustive examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming part of the backlog in the courts.