Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage as well as disease.

An attorney should be able to recognize asbestos in every case. This can be done by speaking with colleagues collecting records, or taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can help with lost wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there are usually multiple defendants as there are numerous mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for injuries sustained by victims.

Asbestos suits are typically governed by the law of product liability, which are based on the common law and state laws that allow for damages to be recovered from the sellers of products if they cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a variety of diseases. Companies that concealed asbestos-related risks to increase profits were accused of a cover-up, and they attempted to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.

A jury or judge can decide how to divide responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment will not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. 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. The lawsuit further alleges that the defendant knew asbestos settlement could be dangerous, but failed to warn workers and consumers about the risk.

A victim or asbestos litigation the estates of people who have died from asbestos-related diseases like mesothelioma may start an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of a person who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos lawsuit is filed, the two parties share information through the process of discovery. It can take several months and may include extensive interviews with colleagues and relatives, abatement workers and others to determine possible defendants and their asbestos-related products.

It is crucial that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and asbestos litigation should be recognized by insurers and defendants for its expertise in these cases.

LK's attorneys are asbestos litigation (read full article) experts with years of experience representing asbestos victims and their families. We are known for our ability to obtain the highest amount of compensation for our clients.

Contact us today for a no-obligation consultation should you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases are often settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is important to hire an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can then gather evidence and use it to construct an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers will find evidence of asbestos claim-related companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who worked with asbestos-containing material. In many cases documents, they show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related ailments, but didn't disclose the information to their employees or the general public.

There are many states that set time limits which are known as statutes of limitation that define how long asbestos victims have to start a lawsuit. 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 victims will lose their right to receive compensation.

The amount victims receive will depend on their asbestos-disease diagnosis and how severe their condition is and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients receive enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds established to help those diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been depleted, but some continue to pay significant awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help settle issues that cannot be resolved through settlement negotiations, including differences in how to calculate damages and if the victim's condition resulted from specific exposures.

In a court trial the plaintiffs must prove that they are entitled to damages, including future and past medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed in the trial process and can explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the individuals involved, asbestos litigation are more complicated. This is especially the case when someone was exposed more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers to compile a database of the companies, products and locations.

The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and an expert's view that the doses measured of asbestos the plaintiff received did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming a backlog in the courts.