Asbestos Litigation

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

It is essential for attorneys to know how to spot asbestos products in each case. This can be accomplished by talking with co-workers or obtaining records, as well as studying samples from home or work sites.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical costs and other costs related to mesothelioma. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.

There are usually several defendants in an asbestos case 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. In addition, companies that offered services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for the victims' injuries.

Asbestos suits are typically governed by product liability laws, which are based on common and state laws which allow damages to be recovered from sellers of goods when they cause injuries. In a suit for product liability, it is alleged the injuries resulted from an ineffective design or fabrication, and that the injured person was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants typically argue that they did not act negligently and that their products were safe, even though doctors have long recognized the use of asbestos-containing items is linked to various diseases. Companies that hid asbestos risks to increase profits were accused of cover-up, and they attempted to block claims and keep workers from seeking an amount of compensation for their injuries.

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

Damages

A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the costs of medical treatment for their illness, as well as lost wages because of being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.

The estates or victims of people who have died from asbestos-related illnesses like mesothelioma can start an asbestos lawsuit. A person can start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment the life of. In addition, the survivor family members of a person who died due to an asbestos-related illness may bring a wrongful death lawsuit.

After an asbestos case is initiated, the parties exchange information in the process of discovery. This may take a few months and may involve lengthy interviews with coworkers and relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs get an experienced lawyer handling their case. The law firm that a victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its 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 the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases usually settle rather than go to trial because it is easier and cheaper for defendants to settle the matter in this manner. Settlements also help avoid negative publicity that may come from a trial verdict. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their clients' medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. In many instances these documents, it is clear that asbestos attorney-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases however, they did not communicate this information to their workers or to the general public.

A number of states have time limits also known as statutes or limitations, on how long an asbestos victim can bring a lawsuit. The length of time varies from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been exhausted, but others continue to pay out significant awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

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

In a court of law, plaintiffs need to prove they are entitled to damages, including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its liability for asbestos case the asbestos-related injury. The trial process can be long. In the last decade mesothelioma-related jury awards cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand the steps to take in the trial process and can explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation where it is typically easy to identify the responsible parties, asbestos cases can be more complicated. This is particularly true when someone was exposed more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile a detailed list of companies, products and locations.

The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries, and they deserve more compensation.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and prevent the case from becoming a backlog in the courts.