Asbestos Litigation

In courts all over the country, asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung damage and lung disease by research.

An attorney must be able identify asbestos in every case. This can be accomplished by chatting with colleagues in the office, collecting records, and taking samples from homes or work sites.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a disease related to asbestos. Compensation can cover lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You can make a claim for compensation or mesothelioma lawsuit make an offer to settle the case with the defendants in the case.

There are usually multiple defendants in an asbestos-related case because there are a variety of mining companies that made 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 settlement-using mines or manufacturers or acted as employers could also be held responsible for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be recovered against sellers of products if those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries were caused due to an ineffective design or fabrication, and that the injured person was not adequately informed about the risks associated with the products.

Defendants in asbestos cases often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products is linked to different diseases. Companies that concealed asbestos risks to boost profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the responsibility among them in a process called allocation. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the costs of medical treatment for their disease, as well as lost wages due to being unable to work. Victims can also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about this risk.

A person who has been a victim or the estates of people who have died from asbestos-related diseases like mesothelioma could bring an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional anxiety as well as loss of enjoyment life as well as suffering and pain. Additionally, the surviving family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit.

After an asbestos case has been initiated, the parties share information through the process of discovery. This can last several months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others to discover possible defendants and their asbestos-related products.

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

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for clients.

If you have questions about filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is meant to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases usually settle rather than going to trial, because it is less expensive and easier for defendant companies to settle the matter this way. Settlements also help avoid negative publicity that could be associated when a verdict is handed down. It is crucial to select an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. Lawyers can then collect evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documents and testimony of former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases, but didn't tell their employees or the general public.

Many states have imposed a time limit, also known as a statute of limitations, on how long 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 limitations runs out before a mesothelioma case is filed, victims lose their rights to receive compensation.

The amount of money that victims can receive depends on their asbestos legal-disease diagnosis as well as how serious their condition is, as well as other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay their medical bills. Asbestos victims can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts are exhausted, but others still pay large amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the patient's condition was caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled to damages, including past and future medical expenses loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the past decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand the steps to take through the trial process and can explain their legal rights in a public courtroom. A qualified attorney can also help to identify potential defendants. Asbestos litigation can be more complex than car accident cases where it is often easy to identify the responsible parties. This is especially true if someone was exposed more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers to compile an inventory of employers, products and places.

There is a growing concern the cost of resolving claims from asbestos victims in the past is draining funds which could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was no exposure. However they must be able to provide an extensive review of evidence and a professional opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming part of the backlog in the courts.