Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage through research.

An attorney should be able identify asbestos in every case. This can be accomplished by talking with co-workers or obtaining records, as well as taking samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can cover lost wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are usually several defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in a position of employer could also be held responsible for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on common and state laws that allow damages to be sought against producers of products if those products cause injury to. In a product liability lawsuit, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the person injured wasn't adequately warned about the dangers associated with products.

The defendants in asbestos cases typically claim that they did not behave recklessly and that their products are safe, even though doctors have long recognized that asbestos-containing products is linked to various diseases. Additionally, companies that concealed asbestos's dangers in order to increase profits have been accused of attempting to cover up by trying to thwart claims and attempting to stop workers from seeking compensation for their injuries.

A judge or jury may decide how to allocate responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the costs of medical treatment for their illness as well as the loss of wages due to being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of this risk.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress, pain and suffering, and loss of enjoyment of the life. Family members who have survived someone who has died from an asbestos-related illness may also pursue a wrongful-death lawsuit.

After an asbestos case is filed, both sides exchange information during a process called discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

Due to the complexity of asbestos litigation, it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.

The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized as a firm that can secure the maximum amount of compensation to our clients.

Contact us for a free consultation should you have any questions about bringing a lawsuit against asbestos. We are committed 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 across the country. Contact us via phone or email today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. This money is meant to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to find a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes from internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing products. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and Asbestos case other asbestos-related diseases but did not inform their employees or the general public.

There are many states that set time limits, called statutes of limitations which determine how long asbestos victims have to bring a lawsuit. The length of time varies by state, but they typically vary between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to a fair settlement.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease, how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical expenses. asbestos legal victims might also be able to file claims through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Some trusts are depleted, but others continue to award significant awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical costs loss of wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased dramatically and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the responsible parties, asbestos cases are more complicated. This is particularly true when a person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney can interview witnesses like coworkers, relatives, abatement workers and suppliers to create a comprehensive list of companies as well as their products and locations.

There is a growing concern that the cost of resolving claims from asbestos victims in the past is consuming funds that could be used to pay for future cases. In addition, some claimants believe that settlements aren't based on actual injuries and therefore deserve more compensation.

In asbestos cases, defendants can fight to have claims dismissed by summary judgment or a determination of no exposure. However the motions must be based on an extensive review of evidence and a professional opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer could help to accelerate the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.