Asbestos Litigation

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

An attorney should be able identify asbestos in each case. This can be done through talking to co-workers, getting reports, or looking at samples taken from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you care about is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related illness. You may choose to start a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are typically multiple defendants due to the fact that there are many mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in the capacity of an employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits are often categorized under laws governing product liability that are based on the common law and state laws that allow for damages to be recovered from sellers of products when those products cause injury. In a suit for product liability it is claimed that the injuries were caused due to the design defect or manufacturing error and that the person injured was not adequately informed about the dangers associated with products.

In asbestos law cases, defendants often claim that they did not do anything in a negligent manner and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up. They tried to thwart claims and stop workers from seeking the financial compensation they deserve 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 in a process known as apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for their illness as well as the loss of earnings due to the inability to work. Victims may also be eligible for compensation and punitive damages.

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

A person who is a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person can make a claim for personal injury to seek compensation for economic and other damages like emotional distress and pain and suffering and loss of enjoyment the life. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed and the parties share information in a process known as discovery. This may take a few months, and may require lengthy interviews with coworkers and relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to obtain the maximum amount of compensation to our clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a free 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 country. Contact us by email or phone now to get started.

Settlements

If asbestos case victims win their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on the history of their clients' employment as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. The lawyers can then collect evidence and use it in a strong mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states have set a limit, also known as a statute of limitations, to determine how long asbestos-related victims can sue. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to compensation.

The amount of compensation victims can receive is based on the severity of their illness, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when negotiating to ensure that patients receive enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have been closed, but others continue to award substantial payouts. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help patients understand how to proceed during the trial procedure and will explain their rights under the law in a courtroom with an open door. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation can be more complex. This is especially the case when someone was exposed more than one kind of asbestos and in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to create a comprehensive list of companies, products and locations.

The expense of settling asbestos claims drains funds that could have been used to pay future cases. Additionally, some claimants believe that settlements aren't just based on injuries that actually occurred and should be compensated more.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions need an extensive examination of evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and ensure that it does not be added to the long backlog of cases in the courts.