Asbestos Litigation

In the courts across the nation asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage and illness.

It is crucial for an attorney to understand how to recognize asbestos-related products in each case. This can be done through talking to colleagues, collecting reports, or looking at samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you know is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.

In asbestos cases, there are usually multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos and manufacture 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 as employers may also be accountable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a defective design, and the person who suffered injury was not adequately warned about the dangers associated with using the products.

The defendants in asbestos cases typically argue that they did not behave recklessly and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various diseases. Companies that concealed asbestos-related risks to make profits were accused of a cover-up as they sought to block claims and keep workers from claiming financial compensation for their injuries.

A judge or jury may decide how to divide the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This is known as the apportionment. The apportionment of liability will not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold Asbestos Law can help victims recover compensation. This includes the cost of medical treatment for their condition and the loss of wages due to being unable to work. Victims may also be eligible for compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence which means that 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 a danger and did not warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who died from an asbestos-related disease like mesothelioma. An individual can start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life, and suffering and pain. In addition, the survivor family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos lawsuit is filed, the two sides share information through a process called discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is essential for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for clients.

If you have questions about filing an asbestos suit, contact us for a no-cost consultation. 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 all over the country. Contact us via email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research on their client's employment history, medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform their workers or the general public.

Many states set time limits known as statutes of limitations which determine how long an asbestos victim can file a lawsuit. These time periods vary by state, but generally range between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose the right to receive compensation.

The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease the severity of their condition is, and other aspects. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts are closed, while others still pay significant awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve problems that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition resulted from specific exposures.

In a court 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, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be long. In the last decade mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do during the trial process and can explain their legal rights in an open courtroom. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when an individual was exposed to more than one type of asbestos and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers to compile an inventory of products, employers, and the locations.

The expense of settling asbestos claims eats away funds which could have been used to fund future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and deserve more in compensation.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a finding of no exposure. These motions need an extensive examination of evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it doesn't be added to the long backlog of cases in the courts.