Asbestos Litigation

A significant amount of asbestos litigation has been handled in courts across the country. Asbestos exposure is proven to cause lung disease and damage through research.

An attorney must be able identify asbestos in every case. This can be accomplished by talking with co-workers or obtaining records, as well as analysing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can either start a lawsuit or offer a settlement to the defendants.

There are usually multiple defendants in asbestos cases because there are numerous 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. In addition, companies that provided services to mines or manufacturers who used asbestos, or who acted as employers could be held liable for the victims' injuries.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that permit damages to be recouped from sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the victim was not properly warned of the risks that came with using the products.

In asbestos Attorney cases, defendants often claim that they did not do anything recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up, as they tried to block claims and keep workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the blame between them through a process known as apportionment. The apportionment doesn't alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims may also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the dangers.

A victim or the estates of people who have died from asbestos-related diseases like mesothelioma may bring an asbestos lawsuit. A person can bring a lawsuit for personal injury to seek compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment the life. In addition, the survivors of a family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

When an asbestos-related case is filed, both sides share information in the process known as discovery. This process can last for a long time and may include extensive interviews with colleagues family members, abatement workers, relatives, and others to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its expertise in these cases.

LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation for our clients.

Contact us for a free consultation should you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via email or phone today to get started.

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 assist the victim and their family in the event of financial losses due to the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases are often settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that comes with a verdict at trial. It is crucial to select mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complicated and asbestos Attorney require attorneys to conduct extensive research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit.

During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who worked with asbestos-containing material. These documents typically show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases however they didn't inform their workers or the general public.

Many states set time limits, called statutes of limitations that define how long an asbestos victim has to make a claim. The length of time varies by state, but usually range from one to two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to receive compensation.

The amount of money that victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other costs when trying to make sure that patients have enough money to cover medical expenses. asbestos case victims may 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 diseases.

Some of these trusts have dwindled, however others continue paying out substantial prizes. For example, in 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

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is due to a specific exposure.

In a trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses such as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the last decade mesothelioma juries' awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand what to do in the trial process and can explain their legal rights in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is typically easy to identify the parties responsible. This is especially true when an individual has been exposed to asbestos in multiple places and at different dates. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a detailed database of the companies as well as their products and locations.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a finding of no exposure. These motions need a thorough examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming part of the backlog in the courts.