Asbestos Litigation

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

An attorney must be able identify asbestos in each case. This can be done by chatting with colleagues, obtaining records, and studying samples from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can choose to bring a lawsuit, or offer an offer of settlement to the defendants.

In asbestos cases, there are usually several defendants since there are a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos law-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who acted as employers could be held liable for the victims' injuries.

Asbestos lawsuits are often categorized under the law of product liability, which are based on common and state laws which permit damages to be recouped from the seller of a product when the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the victim was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often claim that they did not act recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries the judge or jury could decide how to split the responsibility between the defendants in a process referred to as the apportionment. The apportionment does not affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

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

The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to inform consumers and workers of this risk.

An asbestos lawsuit could be filed by a victim or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life, and suffering and pain. Additionally, asbestos attorney the surviving family members of a person who died from an asbestos-related disease can make a claim for wrongful death.

Once an asbestos-related case has been filed, the two parties share information through a process called discovery. This process can last for a long time and could require extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants and asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients.

Contact us for a free consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us now to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is meant to pay the victim and their family members for the financial losses resulting from Asbestos Attorney exposure. Compensation may cover the pain and suffering.

Asbestos cases are often settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes from a trial verdict. It is essential to choose mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into their client's past work history, medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. In many cases these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge this information to their employees or to the public.

There are many states that set time limits also known as statutes or limitations on the time an asbestos victim can make a claim. The durations vary by state, but usually vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to be compensated.

The amount of money that victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical bills. Asbestos-related victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Certain trusts have been closed, but others continue to award substantial payouts. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial, plaintiffs must show that they have the right to damages, which include past and future medical expenses as well as loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can be long. In the past decade mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents where it's usually easy to determine the responsible parties, asbestos cases are more complicated. This is especially true if someone was exposed more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers, to create a database of the companies, products and locations.

The expense of settling asbestos claims drains funds which could be used to pay future cases. Some claimants believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.

In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a finding of no exposure. These motions need an in-depth examination of the evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and avoid the case from becoming a part of the backlog in the courts.