Asbestos Litigation

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

An attorney must be able identify asbestos in every case. This can be done by talking to co-workers, getting reports, or looking at samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. You can make a claim for compensation or an offer of settlement from the defendants in the case.

In asbestos cases, there are generally multiple defendants as there are numerous mining companies that produce asbestos and also manufacture products containing 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 who were employers could be held accountable for the victims' injuries.

Asbestos suits typically fall under products liability laws that are based on the common law and state laws that permit damages to be recovered from sellers of goods when the products cause injury. In a lawsuit involving product liability, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products can lead to a variety of diseases. Companies that hid asbestos dangers to increase profits were accused of cover-up as they sought to thwart claims and stop workers from claiming financial compensation for their injuries.

A judge or jury can decide how to distribute the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos claim-related injury. This is known as the apportionment. The apportionment does not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment for their condition and lost wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to inform consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional suffering, loss of enjoyment of life and pain and suffering. Family members who have survived someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.

After an asbestos case has been filed, the two parties exchange information through the process known as discovery. This may take a few months and may involve extensive interviews with colleagues or relatives, abatement employees and others in order to identify potential defendants and asbestos-related products.

Due to the complicated nature of asbestos litigation it is important that plaintiffs choose a seasoned lawyer handling their case. 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 its expertise.

LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise to get the most compensation possible for our clients.

If you have any questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email today to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also help with pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that can come with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into the history of their clients' employment, medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies negligence. 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 the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose the information to their employees or to the public.

Many states have set a time limit, known as a statute of limitations, on how long asbestos-related victims can sue. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.

The amount of money that victims can receive depends on the asbestos-related diagnosis they receive the severity of their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to cover their medical expenses. Asbestos victims may also be able to claim through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to award substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma cases, jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help patients understand how to proceed during the trial process and also 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 claim cases can be more complicated than car accident litigation where it is typically easy to identify responsible parties. This is particularly true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney is able to interview witnesses like coworkers and relatives, abatement workers and suppliers to create a detailed database of employers, products and locations.

The expense of settling asbestos claims drains funds that could be used to pay future cases. In addition, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation.

The defendants can seek to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and asbestos claim stop the case from becoming a part of the backlog in the courts.