Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung disease and damage by research.

An attorney should be able to identify asbestos in every case. This can be done by chatting with colleagues collecting records, or taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation may cover medical expenses, lost wages and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or a settlement offer from the defendants in the case.

There are typically several defendants in an asbestos case due to the numerous mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer may also be accountable for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the injured party was not properly warned of the dangers that could result from using the products.

Defendants in asbestos cases often claim that they did not behave in a negligent way and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth by attempting to suppress claims and trying to stop workers from seeking the financial compensation they deserve for their injuries.

A judge or jury can decide how to divide the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment process does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company that manufactured or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable their job. 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 the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about the risk.

The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma may file an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress, loss of enjoyment of life, and pain and suffering. The surviving family members of someone who has died from an asbestos-related illness can also bring a wrongful death lawsuit.

Once an asbestos case has been filed, asbestos case the parties exchange information via the process of discovery. This may take a few months, and may require extensive interviews with colleagues and relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs hire an experienced lawyer handle their case. The law firm that a victim or their family chooses to work with should be aware of the unique complexities of asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure maximum compensation for our clients.

Contact us for a no-obligation consultation should you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via phone or email today to get started.

Settlements

When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases usually settle rather than going to trial, as it is less expensive and easier for the defendant company to settle the case in this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is crucial to select an attorney for mesothelioma who has experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states have set a limit, also known as a statute of limitations, for how long asbestos victims are allowed to bring a lawsuit. The durations vary by state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to a fair settlement.

The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with and how severe their condition is, and other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some trusts are exhausted, but others still pay significant awards. In 2018, for instance 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 attend trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including the different methods of calculating damages and whether the victim's condition was 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 costs, 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 process of trial can be lengthy. Over the past 10 years mesothelioma jury awards cases have risen significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed in the court procedure and will explain their legal rights in a courtroom that is open to the public. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true if a person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma attorney is able to interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile a comprehensive list of companies as well as the locations of their products and.

There is a growing concern the cost of resolving claims of asbestos victims who have been in the past has a negative impact on funds which could be used to pay for future cases. Some claimants also believe that settlements are not just based on injuries that actually occurred and should be compensated more.

Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a conclusion of no exposure. However they must be able to provide a thorough review of the evidence and an expert's opinion that the doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming a backlog in the courts.