Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the nation. Research has proven that asbestos exposure can cause lung damage and disease.

An attorney should be able identify asbestos in each case. This can be done through talking to co-workers, getting documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can cover lost wages, medical costs and other costs related to mesothelioma. You can choose to start a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there will be multiple defendants because there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in a position of employer may also be accountable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that allow damages to be recovered against sellers of products if those products cause injury to. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and mesothelioma that the person injured was not properly warned of the risks that came with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a myriad of illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up, as they tried 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 the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This process is called the apportionment. The apportionment does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.

An asbestos-related lawsuit can be filed by a victim or estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the surviving family of someone who died from an asbestos-related illness can make a claim for wrongful death.

After an asbestos lawsuit is filed and a settlement is reached, both sides exchange information in a process called discovery. This may take a few months, and may require lengthy interviews with coworkers, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

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

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for our clients.

Contact us for a free consultation If you have any concerns regarding filing a lawsuit against asbestos. We are dedicated 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 cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about the medical records of their clients, work history, and asbestos law exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. Lawyers are able to gather evidence and use it to construct a strong mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. The evidence usually comes 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-producing companies knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge the information to their employees or to the general public.

A number of states have set a time limit, known as a statute of limitations, on how long asbestos-related victims can make a claim. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their right to receive compensation.

The amount of compensation that victims will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money to pay their medical bills. Asbestos sufferers can also file claims with trust funds which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been empty, while some continue to pay substantial awards. In 2018 the federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical expenses loss of wages, damages to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand the steps to take during the trial process and can explain their rights under the law in a public courtroom. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is especially true if the victim was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to create an inventory of companies, products and places.

The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was not an exposure. These motions, however, require a thorough examination of the evidence as well as an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the case and ensure that it does not be added to the long backlog of cases in the courts.