Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able to recognize asbestos in each case. This can be done by chatting with colleagues or obtaining records, as well as analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can bring a lawsuit, or offer a settlement to the defendants.

In asbestos cases, there are typically multiple defendants as there are many mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos, or acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on common and state laws that permit damages to be recovered against producers of products if those products cause injuries. In a lawsuit involving product liability it is claimed that injuries resulted from defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. Additionally, companies that concealed asbestos's dangers in order to increase profits have been accused of concealing the truth by attempting to suppress claims and attempting to prevent workers from seeking compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the responsibility between them through a process known as allocation. The apportionment doesn't alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos can help victims receive compensation. This includes the expense of medical treatment for their disease and lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos case could be dangerous, but failed to inform consumers and workers about 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 illness like mesothelioma. A person can make a claim for personal injury to claim compensation for damages arising from economic or other causes like emotional distress, pain and suffering, and loss of enjoyment of the life of. Family members who have survived someone who died due to an asbestos-related illness can also bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two parties share information through a process called discovery. This may take a few months and could require extensive interviews with colleagues family members, abatement workers, relatives, and others to identify possible defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to get the most compensation possible for asbestos law our clients.

Contact us for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the nation. Contact us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that could be associated when a verdict is handed down. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their clients' medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence and use it in an effective mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos law (see this)-related companies negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.

A number of states have time limits, called statutes of limitations which determine how long an asbestos victim must start a lawsuit. The time frames vary between states, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victim will lose their right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some of these trusts have been closed, but others continue to pay out large awards. For example, in 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the better option 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 due to a specific exposure.

In a court trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the last 10 years, jury awards for mesothelioma have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the steps to take in the trial process and also explain their rights under the law in a public courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is particularly true when the victim was exposed to more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, or asbestos workers, to build an inventory of companies, products and locations.

There is a growing concern that the cost of settling claims from asbestos victims in the past has a negative impact on funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they should be compensated more.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming part of the backlog in the courts.