Asbestos Litigation

In the courts across the country asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung disease and damage through research.

An attorney should be able identify asbestos in each case. This can be done through speaking to colleagues, obtaining reports, or looking at samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other costs associated with mesothelioma or another asbestos-related disease. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case.

In asbestos cases, there are usually multiple defendants as there are numerous mining companies that manufacture asbestos and manufacture 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 made use of asbestos or who were employers could be held responsible for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on common and state laws that allow damages to be awarded against manufacturers of products if the products cause injury to. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury wasn't adequately warned of the risks that came with using the products.

In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up by trying to thwart 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 divide the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment process does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment for their condition, as well as lost wages due to being unable to work. Victims may also receive punitive and compensatory damages.

The lawsuit alleges that the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about the risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related condition like mesothelioma. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional suffering as well as loss of enjoyment life and pain and suffering. In addition, the surviving family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the two sides exchange information in the process known as discovery. The process can last for some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family selects should be aware of the particular complexities involved in asbestos litigation, and be acknowledged by insurance companies and defendants for its experience in these cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos case lawsuits. We are recognized as a firm that can secure the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, 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 located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email now to get started.

Settlements

When asbestos victims win their cases, they receive compensation for the companies that exposed them substances. This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases tend to settle rather than go to trial because it is cheaper and easier for defendants to settle the matter in this manner. Settlements also avoid negative publicity that can come with a trial verdict. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their client's work history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states have set a limitation, also known as a statute of limitations, on how long asbestos victims are allowed to make a claim. The durations vary by state, but they typically range between one and 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 of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease, how severe their condition is, as well as other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients receive enough funds to pay their medical bills. Asbestos-related victims 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-related illnesses.

Certain trusts are depleted, but others continue to pay out huge amounts of money. In 2018, a federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, including the various ways to calculate damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical expenses loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true if a person has been exposed to asbestos in multiple places and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of the companies, products, and places.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Some claimants are also of the opinion that settlements don't reflect the actual damage and that they are entitled to a higher amount of compensation.

The defendants can seek to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and a professional opinion that the doses measured of asbestos that plaintiffs received were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming a backlog in the courts.