Asbestos Litigation

In courts all over the nation, asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung diseases and damage through research.

It is essential for attorneys to know how to recognize asbestos-related products in every case. This can be done by speaking with colleagues, obtaining records, and taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation may cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can either bring a lawsuit, or offer an agreement to the defendants.

There are usually many defendants in an asbestos case because there are many mining companies that produce asbestos and the manufacturers 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 who were employers could be held liable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be sought against the sellers of products when those products cause injury to. In a product liability suit where the injuries occurred due to defective design or manufacturing and that the person who was injured was not adequately warned of the dangers of the products.

In asbestos cases, defendants often argue that they did not act negligently and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up. They tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.

A judge or jury may decide on how to split the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their disease, as well as lost earnings due to the inability to work. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases like mesothelioma may file an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional anxiety and loss of enjoyment of life and pain and suffering. Additionally, the surviving family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

After an asbestos case is filed and a settlement is reached, both sides exchange information during the process of discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.

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

The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known as a firm that can secure maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, please 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 nationwide. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial, because it is cheaper and easier for defendants to settle the case this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is important to hire an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form internal memos, corporate documentation and testimony from former employees who been exposed to asbestos-containing materials. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses but did not disclose this information to their workers or to the general public.

A number of states have time limits which are known as statutes of limitation that define how long asbestos victims have to make a claim. The durations vary by state, but typically range 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 victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical bills. Asbestos sufferers may also be able to file claims through trust funds established for those diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts have been exhausted, but others still pay huge amounts of money. For instance, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether the condition of a victim is caused by a particular exposure.

In a trial the plaintiffs have to prove that they have the right to damages, including past and future medical expenses as well as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma juries' awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help patients understand how to proceed in the court process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also help to identify potential defendants. Asbestos cases are more complicated than car accident litigation, where it is often easy to identify the responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or asbestos workers, to build an inventory of companies, products and places.

The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Many claimants also believe that settlements do not reflect actual injuries and they deserve more compensation.

The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was not an exposure. However the motions must be based on an extensive review of evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a part of the backlog in the courts.