Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage as well as disease.

It is vital for an attorney to know how to spot asbestos products in every case. This can be accomplished through conversations with coworkers, obtaining records, and studying samples from home or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related illness You may be eligible for compensation. Compensation may cover lost wages, medical costs and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case.

There are usually multiple defendants in an asbestos-related case 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. Companies that offered services to asbestos-using mines or manufacturers or who acted in a position of employer could also be liable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that permit damages to be recovered against producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a defective design, and the injured party wasn't adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often claim that they did not do anything negligently and that their products are safe, even though doctors have long recognized asbestos-containing items is linked to different diseases. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

A jury or judge may decide on how to split the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is known as allocation. The apportionment of liability will not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment for their condition, as well as lost wages because of being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. Family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two sides share information through a process called discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.

Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for our clients.

Contact us today for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. We are committed 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 across the nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more 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 companies that could produce asbestos that could be the cause for their condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos companies negligence. Evidence typically comes in the form of internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing products. In many instances the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related ailments, but didn't disclose the information to their employees or to the general public.

Many states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos victims can sue. These time periods vary from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their rights to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos law-related illness they have been diagnosed with and how severe their condition is and other aspects. Attorneys consider treatment costs and other costs when they negotiate to ensure patients have enough money to cover their medical bills. Asbestos sufferers may also be able to file claims through trust funds created to help those diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts are empty, while some continue to pay huge amounts of money. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to 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 the settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they have a right to damages, including future and past medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand what to do in the court process and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the responsible parties, asbestos cases are more complicated. This is especially true when the victim was exposed to more than one type of asbestos and asbestos lawsuit in various locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of employers, products and the locations.

The expense of settling asbestos claims drains funds that could have been used to fund future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However the motions must be based on a thorough review of the evidence and an expert opinion that the doses of asbestos the plaintiff took did not cause mesothelioma. An attorney for mesothelioma can help accelerate the process and prevent the case from becoming part of the backlog in the courts.