Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the nation. Asbestos exposure has been shown to cause lung disease and damage by research.

It is important for attorneys to know how to identify asbestos-related materials in every case. This can be done through conversations with coworkers in the office, collecting records, and analysing samples taken from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation may cover medical expenses, lost wages and other costs associated with mesothelioma. You can start a lawsuit or offer an agreement to the defendants.

There are usually several defendants in an asbestos case due to the numerous mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in the capacity of an employer may also be accountable for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is based on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a design defect and that the injured party was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants usually 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 can lead to a variety of diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up. They tried to suppress claims and prevent workers from seeking an amount of compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide how to split the blame between them through a process known as allocation. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos can help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.

A person who has been a victim or the estates of people who have died from asbestos-related diseases like mesothelioma may start an asbestos lawsuit. A person can file a lawsuit for personal injury to claim compensation for damages arising from economic or other causes including emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the surviving family members of someone who passed away from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos-related case has been filed, the two sides exchange information via an process known as discovery. This can last several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm the victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the nation. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also help with 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 can also avoid the negative publicity that comes with a verdict at trial. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states set time limitations, called statutes of limitations which determine how long an asbestos victim must start a lawsuit. The durations vary by state, but usually vary from one to two years. If the statute of limitation expires before a case for mesothelioma has been filed, victims will lose their right to compensation.

The amount victims can receive depends on the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys consider treatment costs and other expenses when trying to make sure that patients receive enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to pay out large payouts. In 2018, for instance, a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss in consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The process of trial is usually lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the steps to take in the court process and explain their legal rights in a courtroom with an open door. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when a person was exposed to more than one type of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of products, employers and the locations.

The cost of resolving asbestos claims drains funds which could be used to pay future cases. Furthermore, some claimants believe that settlements aren't just based on injuries that actually occurred and they deserve more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions need a thorough examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer could help to accelerate the process and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.