Asbestos Litigation

In the courts across the nation, asbestos litigation is a huge issue. Research has proven that exposure to asbestos can cause lung damage and cause disease.

An attorney should be able to recognize asbestos in each case. This can be done by talking with co-workers collecting records, or studying samples from home or work sites.

Liability

You could be eligible for compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are usually many defendants in an asbestos case because there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted in the capacity of an employer could also be liable for the injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the victim was not adequately warned about the dangers that could result from using the products.

Defendants in asbestos cases often argue that they didn't act negligently and that their products were safe, even though doctors have long acknowledged that asbestos-containing products is linked to various diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of concealing the truth in attempting to block claims and attempting to block workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the burden of responsibility among them through a process known as apportionment. The apportionment of liability does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. 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 in educating consumers and workers about the dangers.

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

Once an asbestos case has been initiated, the parties share information through an process known as discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

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

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated 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. Contact us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases often settle instead of going to trial, because it is cheaper and easier for defendants to settle the matter this way. Settlements also help avoid negative publicity that comes with a verdict at trial. It is important to hire an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are complicated and Asbestos Case require lawyers to conduct extensive investigations into their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or the public.

A number of states have set a limit, also known as a statute of limitations for how long asbestos-related victims can file a lawsuit. These deadlines vary between states, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.

The amount victims receive will depend on the asbestos-related diagnosis they receive and how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough funds for their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Certain trusts have been wiped out, but others continue paying out substantial prizes. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

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

In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical costs as well as lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The process of trial is usually long. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation which is usually easy to identify the parties involved, asbestos cases are more complicated. This is especially true when a person was exposed to more than one type of asbestos in multiple places. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile a detailed list of companies products, locations and other information.

The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. Additionally, some claimants think that settlements aren't founded on actual injuries and should be compensated more.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a finding of no exposure. These motions, however, require 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 sufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma attorney can help speed up the process and ensure that it doesn't become part of the long backlog of cases in the courts.