Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung disease and damage through research.

It is important for an attorney to know how to spot asbestos products in every case. This can be accomplished by talking with co-workers, obtaining records, and taking samples from homes or work sites.

Liability

You may be entitled to compensation when you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You may choose to file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there will be multiple defendants as there are numerous mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in a position of employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits often 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. In a product liability suit it is claimed that the injuries were caused by an ineffective design or fabrication, and that the injured person was not adequately warned about the dangers of the products.

Defendants in asbestos cases often claim that they didn't act recklessly and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause different diseases. Moreover, companies that hid asbestos's dangers to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.

A jury or judge may decide how to divide the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, which means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn workers and consumers of the danger.

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

Once an asbestos lawyer (click here for more) case has been filed, the two sides exchange information in a process called discovery. This may take a few months and may include extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family chooses have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases.

LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients.

Contact us for a complimentary consultation if you have any questions 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 from all over the country. Contact us via email or phone today to begin.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is meant to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases are often settled rather than go to trial, as it is more cost-effective and easier for defendants to settle the matter in this manner. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically is found in internal memos, corporate documents, and the testimony of former employees who been exposed to asbestos compensation-containing materials. In many instances the documents prove that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their employees or the public.

A number of states have set a time limit, known as a statute of limitations, on how long asbestos-related victims can bring a lawsuit. The durations vary by state, but they typically vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to compensation.

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

Certain trusts have dwindled, however others continue to award substantial awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including the different methods of calculating damages and whether the patient's condition was caused by specific exposures.

In a trial plaintiffs must demonstrate that they are entitled to damages, such as past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complicated than car accident cases where it is generally easy to identify the parties responsible. This is particularly true if the person has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma attorney can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create a detailed database of employers products, locations and other information.

There is a growing concern the cost of resolving claims of asbestos victims who have been in the past is consuming funds that could be used to pay for future cases. Some claimants also think that settlements aren't basing on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases 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 an expert's view that the doses measured of asbestos that plaintiffs received were not sufficient to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.