Asbestos Litigation

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

An attorney should be able to identify asbestos in every case. This can be done through conversations with coworkers collecting records, or analyzing samples from homes or work sites.

Liability

You could be eligible for compensation when you or someone you love is diagnosed with a disease related to asbestos. Compensation can help with lost wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related illness. You can start a lawsuit to claim compensation or make a settlement offer from the defendants in the case.

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

Asbestos lawsuits usually 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 sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a design defect and that the person injured was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up in attempting to block claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.

A jury or judge may decide how to distribute responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as apportionment. The apportionment will not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about the dangers.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for economic and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life of. Family members who are survivors of those who have died due to an asbestos-related illness can also bring a wrongful death lawsuit.

After an asbestos case is filed, the two sides exchange information via the process of discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.

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

Contact us for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. We are committed 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 throughout the country. Contact us today to get started.

Settlements

When asbestos victims win their cases, they receive compensation from the companies that exposed them substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that can come when a verdict is handed down. It is crucial to choose an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into the history of their clients' employment as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses but did not divulge the information to their employees or to the general public.

There are many states that set time limits also known as statutes or limitations, on how long an asbestos victim has to file a lawsuit. The time frames vary from state to state, but are typically between one and two years. If the statute of limitations expires before a case for asbestos mesothelioma is filed, the victims will lose their right to compensation.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure patients have enough money to cover their medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma or other asbestos compensation-related diseases.

Certain trusts are exhausted, but others still pay significant awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the possibility that a patient's condition was caused by an exposure.

In a court trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses, lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial can take a long time. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the parties, asbestos cases can be more complex. This is especially true when the person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers to compile a database of employers, products and places.

The expense of settling asbestos claims drains funds that could have been used to fund future cases. Some claimants also think that settlements aren't just based on injuries that actually occurred and deserve more in compensation.

Plaintiffs in asbestos cases can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions require an exhaustive examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.