Asbestos Litigation

In the courts across the nation asbestos litigation is a huge issue. Asbestos exposure has been shown to cause lung disease and damage by research.

An attorney must be able to identify asbestos in each case. This can be done through talking to co-workers, getting 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 eligible for compensation. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.

There are usually many defendants in asbestos cases because there are many mining companies that made asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers who used asbestos or who were employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be sought against the sellers of products when those products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a flawed design, and that the person who suffered injury was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Companies that hid asbestos risks to boost profits were accused of cover-up. They tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.

A judge or jury may decide on how to split responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is called the apportionment. The apportionment will not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims may also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who passed away from an asbestos-related condition like mesothelioma. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional anxiety and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivor family members of someone who passed away from an asbestos-related disease can pursue a wrongful-death lawsuit.

When an asbestos lawsuit is initiated, the parties exchange information in a process called discovery. This process can last for a long time and could require lengthy interviews with coworkers or relatives, abatement employees and others to determine potential defendants and their asbestos law-related products.

Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their loved ones chooses must be aware of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

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

If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated 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 by email or phone today to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies who knew they 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 cover pain and suffering.

Asbestos cases are often settled instead of going to trial because it is cheaper and easier for the defendant company to settle the matter this way. Settlements also reduce the negative publicity that could be associated with a verdict at trial. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies 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.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate the information to their employees or to the general public.

Many states set time limitations known as statutes of limitations on the time an asbestos victim has to file a lawsuit. The time frames vary between states, but are typically between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed, victims will lose their right to compensation.

The amount of money victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts are exhausted, but some continue to pay large amounts of money. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.

In a court of law, plaintiffs be required to prove that they are entitled to damages, including future and past medical expenses and lost wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the trial process and also explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. asbestos legal cases are more complex than litigation involving car accidents, where it is often simple to identify the responsible parties. This is particularly true if a person has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to compile a comprehensive list of companies as well as the locations of their products and.

The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. Many claimants also believe that settlements do not reflect the actual damage and that they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions are, however, subject to an in-depth examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can assist to accelerate the process and ensure that it doesn't become part of the long backlog of cases in courts.