Asbestos Litigation

In courts all over the country, asbestos litigation has been a major problem. Asbestos exposure is proven to cause lung diseases and damage through research.

It is vital for attorneys to know how to recognize asbestos-related products in every case. This can be accomplished through conversations with coworkers in the office, collecting records, and studying samples from home or work sites.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may cover medical expenses, lost wages and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are typically multiple defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos and also the manufacture 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, manufacturers or acted in a position of employer could also be held responsible for injuries suffered 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 recouped from sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the person injured was not adequately warned of the risks that came with using the products.

The defendants in asbestos cases typically argue that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to boost profits were accused of cover-up, as they tried to block claims and keep workers from seeking financial compensation for their injuries.

A jury or judge may decide how to divide responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could aid victims in recovering compensation. This includes the costs of medical treatment for their condition, as well as lost wages due to being unable to work. Victims can also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person may start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment of the life. Family members who have survived those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.

Once an asbestos case is filed, the two parties exchange information via the process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

It is crucial that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family selects should be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos settlement cases.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned as a firm that can secure the highest amount of compensation for our clients.

Contact us for a no-obligation consultation for any questions about 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 all over the country. Contact us via phone or email now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial, as it is easier and cheaper for defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is important to hire an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research on their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing materials. In many instances the documents prove that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related illnesses but didn't disclose this information to their workers or the public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim must file a lawsuit. The time frames vary from state to state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.

The amount of money victims are entitled to is determined by the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical expenses. asbestos Attorney victims may also file claims with trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have dwindled, however others continue to award substantial awards. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after 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 are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by an exposure.

In a trial, plaintiffs must show that they are entitled to damages, such as past and future medical expenses as well as loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often long. In the last 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help patients understand how to proceed through the trial process and can explain their legal rights in a public courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is usually easy to identify the responsible parties. This is especially true when someone has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and abatement workers to compile a database of employers, products, and places.

There is growing concern that the cost of resolving claims from past asbestos victims can drain funds that could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. These motions need an extensive examination of evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help accelerate the case and ensure that it doesn't be added to the long backlog of cases in courts.