Asbestos Litigation

In courts all over the country, asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage and cause disease.

It is essential for attorneys to know how to spot asbestos products in every case. This can be accomplished by talking to co-workers, getting documents, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can cover lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer of settlement to the defendants in the case.

There are typically multiple defendants in an asbestos-related case because there are many mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos lawyer-using mines or manufacturers or in a position of employer could also be liable for injuries suffered by victims.

asbestos legal suits typically fall under products liability laws which are based on the common law and state laws which allow damages to be recouped from the seller of a product when they cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or defective design and that the person injured was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants typically claim that they did not act negligently and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can lead to different diseases. Companies that concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the burden of responsibility among them in a process known as apportionment. The apportionment doesn't alter the amount of compensation the plaintiff can receive from the defendants.

Damages

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

The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the risk.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may start an asbestos lawsuit. A person can start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life as well as pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

When an asbestos-related case is filed and a settlement is reached, both sides exchange information during a process known as discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

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

LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for our clients.

If you have questions about filing an asbestos suit, contact us for a no-cost consultation. 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. Call or email us today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies that exposed them substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases often settle rather than go to trial, as it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is crucial to find a mesothelioma lawyer who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. Lawyers are able to gather evidence and use it to build an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their workers or the general public.

A number of states have set a time limitation, also known as a statute of limitations, for how long asbestos victims can sue. The time frames vary from state to state, but usually range from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma has been filed, victims will lose the right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical expenses. Asbestos-related victims can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some of these trusts have been closed, but others continue to award substantial payouts. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial can take a long time. In the past decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process and explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true if someone was exposed more than one kind of asbestos at multiple locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create a comprehensive list of companies products, locations and other information.

The expense of settling asbestos claims eats away funds which could have been used to pay future cases. Some claimants also believe that settlements aren't based on actual injuries and deserve more in compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However, these motions require an in-depth review of the evidence and an expert's view that the measured doses of asbestos the plaintiff took did not cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a part of the backlog in the courts.