Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.

It is crucial for an attorney to understand how to recognize asbestos-related products in every case. This can be accomplished by talking to colleagues, collecting documents, or by analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you know is diagnosed with a condition related to asbestos. Compensation can pay for medical expenses, lost wages and other costs associated with mesothelioma. You can either file a lawsuit or offer a settlement to the defendants.

There are usually many defendants in an asbestos case due to the numerous mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held liable for injuries to victims.

Asbestos lawsuits typically fall into 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 injuries. In a product liability suit, it is alleged the injuries resulted from faulty design or mismanufacture and that the victim was not adequately informed about the dangers associated with products.

Defendants in asbestos cases often claim that they did not act negligently and that their products were safe, even though doctors have long recognized asbestos-containing products can lead to different diseases. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of concealing the truth in attempting to block claims and by trying to stop workers from seeking compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility among them in a process known as the apportionment. The apportionment will not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatments for their illness, as well as lost wages due to inability to work. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not exercise reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed inform consumers and workers about this risk.

A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to start an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. In addition, the survivors of a family of someone who died due to an asbestos legal-related illness may make a claim for wrongful death.

Once an asbestos case has been filed, the two parties exchange information in a process called discovery. This may take a few months and may involve lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs have an experienced lawyer to handle their case. The law firm a victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for our clients.

Contact us for a complimentary consultation should you have any questions regarding filing a lawsuit against asbestos. We are dedicated 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 by phone or email today to start your journey.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases usually settle rather than going to trial, because it is cheaper and easier for defendants to settle the matter in this manner. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's work history, medical records, and asbestos case asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it in an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases however, they did not communicate this information to their employees or to the public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim has to make a claim. The time frames vary from state-to-state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.

The amount of compensation that victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds set up for Asbestos Case those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts are empty, while some continue to pay substantial awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the patient's condition was caused by a specific exposure.

In a court trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma jury awards cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the parties involved, asbestos cases are more complicated. This is especially true if someone has been exposed to asbestos in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of companies, products and places.

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

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. These motions require an in-depth examination of the evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a burden in the courts.