Asbestos Litigation

A large portion of asbestos litigation has been dealt with in courts across the nation. Research has proven that exposure to asbestos can cause lung damage and disease.

It is crucial that attorneys know how to spot asbestos products in every case. This can be done through talking to colleagues, collecting records, or analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation when you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants because there are numerous mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or in the capacity of an employer could also be held responsible for the injuries of victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. In a lawsuit involving product liability where the injuries resulted from faulty design or mismanufacture and that the person injured wasn't adequately warned about the risks associated with the products.

Defendants in asbestos cases often argue that they didn't act recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the responsibility between them in a process known as allocation. The apportionment doesn't affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning it did not take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the dangers.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may make an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional suffering and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivor family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

Once an asbestos case has been filed and a settlement is reached, both sides exchange information during the process of discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer handle their case. The law firm that the victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability 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 on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is meant to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that may come with a trial verdict. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their clients' medical records, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related illnesses but did not divulge the information to their employees or to the general public.

Many states have imposed a time limitation, also known as a statute of limitations for the length of time asbestos victims can sue. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to compensation.

The amount victims receive will depend on the asbestos-related diagnosis they receive, how severe their condition is and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to pay out large 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 as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and Asbestos Law whether a victim's condition is due to a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, which include future and past medical expenses as well as loss of wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma juries' awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal right in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true when a person has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers to compile a database of the companies, products, and locations.

There is growing concern that the cost of resolving claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not just based on injuries that actually occurred and deserve more in compensation.

The defendants can seek to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. Although 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 queue of cases that are awaiting the courts.