Asbestos Litigation

In the courts across the nation asbestos litigation has been a significant issue. Research has proved that exposure to asbestos can cause lung damage and cause disease.

It is crucial for an attorney to know how to identify asbestos products in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can assist with the loss of wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related illness. You can choose to make a claim or offer a settlement to the defendants.

There are usually many defendants in asbestos cases because there are a variety of mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or acted as employers 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 common and state 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 by the design defect or manufacturing error and that the person who was injured was not adequately warned about the dangers associated with products.

In asbestos cases, defendants often argue that they did not behave in a negligent way and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can cause various diseases. In addition, companies who concealed asbestos's dangers to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and trying to prevent workers from seeking compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility between the defendants in a process referred to as 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 produced or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for Asbestos Law compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to in educating consumers and workers about the dangers.

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 disease such as mesothelioma. A person may start a personal injury suit to claim compensation for economic and non-economic damages, including emotional distress, loss of enjoyment of life as well as suffering and pain. Family members of someone who has died from an asbestos-related illness can also pursue a wrongful-death lawsuit.

When an asbestos lawsuit is filed, the parties exchange information through a process called discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer handling their case. The law firm that a victim or their family chooses to work with should 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.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients.

Contact us for a no-obligation consultation for any questions about bringing 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 throughout the United States. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is intended to help the family of the victim with the financial burdens resulting from the asbestos claim exposure. Compensation can cover the suffering and pain.

Asbestos cases usually settle rather than go to trial, as it is cheaper and easier for defendant companies to settle the matter this way. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into their client's medical records, work history and asbestos exposure. They can help clients identify asbestos Law-producing companies that could be responsible for the illness. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states set time limitations known as statutes of limitations, on how long asbestos victims have to bring a lawsuit. The length of time varies by state, but generally vary between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of compensation a victim will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure patients have enough money to pay for their medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been exhausted, asbestos Law but others continue to award huge amounts of money. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve issues that are not resolved through settlement negotiations, such as the different methods of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is often lengthy. In the past decade mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed through the trial procedure and will explain their legal rights in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complex than car accident cases where it is usually easy to identify the responsible parties. This is particularly true if a person has been exposed to asbestos in multiple locations and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of the companies, products, and locations.

There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds which could be used to pay for future cases. Some claimants also believe that settlements aren't basing on actual injuries and they deserve more compensation.

Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help speed up the process and ensure that it does not be added to the long backlog of cases in courts.