Asbestos Litigation

In the courts across the country, asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.

It is important 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 could be eligible for compensation If you or someone you care about is diagnosed with a condition related to asbestos. Compensation may cover lost wages, medical costs and other costs associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

In asbestos cases, there will be several defendants since there are numerous mining companies that manufacture asbestos and manufacture 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 who acted as employers could be held accountable for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on state and common laws that allow 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 by manufacturing errors or a defective design, and the person who suffered injury was not properly warned of the risks associated 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 known for years that asbestos-containing products have been linked to a variety of diseases. Companies that concealed asbestos-related risks to boost profits were accused of cover-up as they sought to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to divide the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This process is called the apportionment. The apportionment of liability does not affect the total amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress, pain and suffering, and loss of enjoyment the life. In addition, the survivor family members of a person who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the two sides exchange information in the process known as discovery. This process can take several months and could 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 attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation for our clients.

Contact us for a complimentary 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 Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by email or phone now to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may cover the suffering and pain.

Asbestos Law cases tend to settle rather than go to trial, as it is less expensive and easier for the defendant company to settle the matter in this manner. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is crucial to select mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their workers or to the public.

A number of states have set a time limit, referred to a statute of limitations, for the length of time asbestos victims can make a claim. These time periods vary from state-to-state, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts are empty, while others continue to award substantial awards. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a court trial, plaintiffs must show that they are entitled to compensation, such as future and past medical expenses such as loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma jury awards cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do through the trial process and explain their rights under the law in a courtroom with an open door. A lawyer with experience can also help to identify potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is typically easy to identify responsible parties. This is especially true if the victim was exposed to more than one type of asbestos at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, asbestos Law coworkers, and abatement workers, to compile a database of companies, products, and places.

There is a growing concern the cost of settling claims from asbestos victims in the past has a negative impact on funds which could be used to pay for future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment, or a finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take a while, asbestos law a seasoned mesothelioma attorney can help accelerate the case and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.