Asbestos Litigation

A large amount of asbestos litigation has been handled in courts across the country. Asbestos exposure has been proven to cause lung damage and lung disease through research.

It is crucial for attorneys to know how to recognize asbestos-related products in every case. This can be done by speaking to colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness You may be qualified for compensation. Compensation can be used to pay for lost wages, medical expenses and other expenses related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

There are typically many defendants in a case involving asbestos due to the numerous mining companies that produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos law-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos or who were employers could be held liable for the victims' injuries.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is built on state and common laws that allow damages to be sought against the sellers of products when those products cause injury to. In a product liability lawsuit it is claimed that the injuries were caused by defective design or manufacturing and that the injured person wasn't adequately warned about the risks associated with the products.

The defendants in asbestos cases typically argue that they did not act negligently and that their products were safe, even though doctors have long recognized that asbestos-containing products can cause various illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of concealing the truth by trying to thwart claims and by trying to stop workers from seeking compensation for their injuries.

A judge or jury may decide how to divide the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This is known as apportionment. The apportionment does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently and did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.

An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person due to an asbestos-related illness, like mesothelioma. An individual can start a personal injury suit to seek compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life, and pain and suffering. In addition, the surviving family of someone who died due to an asbestos-related illness may make a claim for wrongful death.

Once an asbestos case is initiated, the parties exchange information via the process known as discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer handling their case. The law firm a victim or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.

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

If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Call or email us today to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complicated and asbestos require lawyers to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to build a strong mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing material. These documents usually show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases but did not inform their workers or the general public.

Many states have imposed a time limitation, also known as a statute of limitations, on how long asbestos victims can file a lawsuit. The time frames vary between states, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, victims will lose the right to compensation.

The amount of money that patients can receive is contingent on the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical bills. Asbestos victims may also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma and other asbestos compensation-related diseases.

Certain trusts have been wiped out, but others continue paying out substantial awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. In the past decade 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 during the trial process and also explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the responsible parties, asbestos cases can be more complicated. This is especially true when an individual has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of the companies, products and places.

The expense of settling asbestos claims drains funds which could have been used to fund future cases. Many claimants also believe that settlements do not reflect the actual damage and that they deserve more compensation.

The defendants in asbestos cases may argue for dismissal of claims by summary judgment or a finding of no exposure. However, these motions require an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff received were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming part of the backlog in the courts.