Asbestos Litigation

In the courts across the nation asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung damage and lung disease through research.

It is crucial for an attorney to understand how to spot asbestos products in every case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness You may be eligible for compensation. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can either file a lawsuit or offer an agreement to the defendants.

There are usually several defendants in asbestos cases due to the numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers that made use of asbestos or who were employers could be held liable for injuries suffered by victims.

Asbestos lawsuits are often categorized under products liability laws, which are based on the laws of the state and common law that permit damages to be recouped from the sellers of products if the products cause injury. In a product liability lawsuit where the injuries were caused due to defective design or manufacturing and that the person injured was not adequately warned about the dangers of the products.

In asbestos cases, defendants often argue that they did not do anything negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products is linked to various diseases. Moreover, companies that hid the risks of asbestos to boost profits have been accused of attempting to cover up by attempting to suppress claims and attempting to stop workers from seeking financial compensation for their injuries.

A judge or jury can decide on how to split the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is called apportionment. The apportionment of liability does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatments for their illness and the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a risk and failed to inform consumers and workers of this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related condition like mesothelioma. A person can start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional stress, loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

After an asbestos case is filed, the parties exchange information via the process of discovery. This may take a few months and may include lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants and asbestos-related products.

It is essential for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our ability to obtain maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a free 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 country. Contact us today to get started.

Settlements

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

Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict at trial. It is crucial to find an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.

Mesothelioma lawyers may uncover evidence that asbestos lawyer companies were negligent during depositions and discovery. Evidence typically comes in the form internal memos, corporate documentation and statements of former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but did not disclose this information to their employees or to the public.

A number of states have imposed a time limit, known as a statute of limitations, to determine the length of time asbestos victims can make a claim. The time frames vary from state to state, but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive and how severe their condition is and other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients receive enough funds to pay for medical expenses. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments.

Certain trusts are depleted, but others continue to award substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help to resolve issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a court trial the plaintiffs have to prove that they are entitled to compensation, such as future and past medical expenses as well as lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last decade, jury awards in mesothelioma cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true if a person has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of products, employers, and the locations.

The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and therefore deserve more compensation.

The defendants in asbestos cases may fight to have claims dismissed through summary judgment or a finding of no exposure. However, these motions require a thorough review of the evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to did not cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer can help accelerate the process and ensure that it does not be added to the long queue of cases that are awaiting the courts.