Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and illness.

It is important for an attorney to know how to identify asbestos products in each case. This can be accomplished by talking to co-workers, getting records, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may cover 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 typically many defendants in asbestos cases because there are a variety of mining companies that produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted in a position of employer could also be held responsible for the injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injuries. In a product liability lawsuit it is claimed that the injuries resulted from an ineffective design or fabrication, and that the person who was injured was not adequately informed about the dangers associated with the products.

Defendants in asbestos cases often claim that they did not behave in a negligent way and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause different diseases. Companies that concealed asbestos risks to make profits were accused of cover-up. They tried to suppress claims and prevent workers from seeking financial compensation for their injuries.

A jury or judge can decide how to distribute the responsibility among defendants when more than one defendant is identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensatory and punitive damages.

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

An asbestos lawsuit may be filed by a victim or the estate of a person who has died from an asbestos-related condition such as mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two parties exchange information in the process of discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complexity of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm a victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our skill to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests 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 companies who knew they exposed them to hazardous substances. This money is meant to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases often settle rather than go to trial, because it is less expensive and easier for defendant companies to resolve the matter this way. Settlements also prevent negative publicity that comes when a verdict is handed down. It is crucial to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build a solid mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their employees or the public.

Many states set time limitations, called statutes of limitations that define how long an asbestos victim has to file a lawsuit. The length of time varies by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to compensation.

The amount of compensation a victim will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to pay their medical expenses. asbestos law victims can also file claims with trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Certain trusts are closed, while others continue to pay out substantial awards. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical expenses loss of wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process is often long. In the past decade, jury awards for mesothelioma have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially the case when an individual was exposed to more than one kind of Asbestos Claim in multiple locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Some claimants also believe that settlements should be just based on injuries that actually occurred and therefore deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment or a finding that there was no exposure. However these motions require a thorough review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming part of the backlog in the courts.