Asbestos Litigation

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

An attorney should be able recognize asbestos in each case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.

Liability

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

In asbestos case cases, there are usually multiple defendants because there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits often fall under products liability laws, which are based on the laws of the state and common law that allow for damages to be recovered from sellers of goods when the products cause injuries. In a lawsuit involving product liability it is claimed that the injuries resulted from defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers associated with the products.

In asbestos cases, defendants usually claim 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 attorney-containing products can lead to a range of illnesses. Moreover, companies that hid asbestos's risks to increase profits have been accused of engaging in a cover-up in attempting to block claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment will not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about this risk.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life and pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed and the parties exchange information in the process of discovery. It can take several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm a victim or their family chooses be aware of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies 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 well-known for our skill to get the most compensation possible for our clients.

If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial because it is less expensive and easier for defendant companies to resolve the case in this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to find mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related illnesses however, they didn't tell their workers or the general public.

Many states have imposed a time limit, also known as a statute of limitations, for asbestos attorney how long asbestos victims can sue. The time frames vary from state to state, but usually range from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to compensation.

The amount of money victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure patients have enough money to pay for their medical bills. Asbestos sufferers may also be able to claim through trust funds set up to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts are empty, while some continue to pay huge amounts of money. In 2018, for instance, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. 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 condition was caused by a specific exposure.

In a trial the plaintiffs have to prove that they are entitled to compensation, such as past and future medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma juries' awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand what to do during the trial procedure and will explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties, asbestos cases can be more complicated. This is particularly true if a person has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile a comprehensive list of companies products, locations and other information.

The expense of settling asbestos claims eats up funds which could have been used to pay future cases. Some claimants also believe that settlements should be based on actual injuries and should be compensated more.

Defense attorneys can argue to dismiss asbestos claims with the process of summary judgment, or by finding that there was not an exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming a part of the backlog in the courts.