Asbestos Litigation

A large amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage by research.

An attorney must be able to identify asbestos in every case. This can be accomplished by speaking with colleagues, obtaining records, and analyzing samples from homes or work sites.

Liability

You may be entitled to compensation when you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You may choose to file a lawsuit or offer an agreement to the defendants.

There are typically several defendants in an asbestos-related 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. Additionally, businesses that supplied services to mines or manufacturers who used asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is built on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a product liability lawsuit, 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 about the dangers associated with products.

Defendants in asbestos cases often claim that they did not act negligently and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to increase profits were accused of a cover-up as they sought to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to distribute responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is known as the apportionment. The apportionment process does not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their condition and asbestos case lost wages because of being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.

An asbestos lawsuit can be filed by a victim or the estate of a person who died from an asbestos-related condition like mesothelioma. A person can make a claim for personal injury to seek compensation for economic and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who has passed away due to an asbestos-related illness can also make a claim for wrongful death.

After an asbestos case is filed and a settlement is reached, both sides share information in the process of discovery. This can last several months, and may require extensive interviews with co-workers and relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that the victim, or their family, selects should be able to understand the unique complexities of asbestos attorney litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. 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 throughout the United States. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is crucial to find a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses however they didn't inform their employees or the general public.

Many states have imposed a time limit, known as a statute of limitations for how long asbestos victims can file a lawsuit. These time periods vary from state to state, but are typically between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been closed, but others continue to pay out large prizes. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos attorney victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by specific exposures.

In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical costs and lost wages, damages to property as well as discomfort and pain and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can be long. In the last 10 years mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is often easy to identify the parties responsible. This is especially true when an individual has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, including family members, coworkers and asbestos workers, to build a database of the companies, products, and the locations.

There is growing concern that the cost of resolving claims of asbestos victims who have been in the past is draining funds which could be used to pay for future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.

Defendants can fight to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a backlog in the courts.