Asbestos Litigation

A substantial amount of asbestos-related cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung diseases and damage through research.

An attorney must be able to recognize asbestos in each case. This can be accomplished by talking to co-workers, getting documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related illness. You may choose to file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there will be several defendants since there are numerous mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted as employers could also be liable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a product liability suit it is claimed that injuries occurred due to defective design or manufacturing and that the victim wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a range of illnesses. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of concealing the truth in attempting to block claims and by trying to prevent workers from seeking compensation for their injuries.

A jury or judge may decide how to distribute the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This process is referred to as the apportionment. The apportionment will not alter 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 receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, which means that it didn't take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn workers and consumers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related condition such as mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress or pain and suffering and loss of enjoyment the life. In addition, the surviving family of someone who died from an asbestos attorney-related illness can bring a wrongful death lawsuit.

Once an asbestos case has been filed the parties exchange information in the process known as discovery. It can take several months and may include extensive interviews with co-workers family members, abatement workers, relatives and others in order to identify potential defendants as well as their asbestos-related products.

It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us today to begin.

Settlements

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

Asbestos cases are often settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that may come when a 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 can be complex and require lawyers to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers can gather evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically is found in internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing material. In many cases, these documents show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases but didn't disclose the information to their employees or the public.

Many states have set a time limit, referred to a statute of limitations, to determine how long asbestos victims can sue. The time frames vary from state to state but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.

The amount of money victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough money to pay their medical bills. Asbestos victims might also be able to claim through trust funds established for patients diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been closed, but others continue to award substantial awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced 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 are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical expenses, lost wages, damage to property, pain and discomfort, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the last decade mesothelioma cases, jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is usually simple to identify the responsible parties. This is especially true when a person was exposed to more than one kind of asbestos in various locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile a detailed database of employers, products and locations.

The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. In addition, some claimants believe that settlements aren't just based on injuries that actually occurred and deserve more in compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was no exposure. These motions are, however, subject to an in-depth examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.