Asbestos Litigation

A significant amount of asbestos cases have been handled in courts across the nation. Research has shown that asbestos exposure can cause lung damage and disease.

An attorney must be able to recognize asbestos in every case. This can be accomplished by talking to colleagues, Asbestos Case collecting documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation can cover the loss of wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

There are usually many defendants in an asbestos case because there are many mining companies that produced asbestos as well as manufacturers of 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 a position of employer may also be accountable for injuries sustained by victims.

Asbestos suits are typically governed by laws governing product liability which are based on the laws of the state and common law which allow damages to be recouped from sellers of goods when those products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused due to faulty design or mismanufacture and that the victim was not adequately warned of the risks associated with the products.

Defendants in asbestos cases often claim that they did not behave in a negligent manner and that their products were safe, despite the fact that doctors have long recognized asbestos-containing items is linked to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to deny claims and block workers from claiming financial compensation for injuries they sustained.

A judge or jury may decide how to distribute the burden of responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This is known as apportionment. The apportionment does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could assist victims to recover compensation. This includes the expense of medical treatment for their condition and lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life and pain and suffering. Family members who have survived those who have died due to an asbestos-related condition can make a claim for wrongful death.

Once an asbestos case has been filed, the parties exchange information through an process known as discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm the victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos legal victims and their families. We are known for our ability to get the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated 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 from all over the nation. Contact us via phone or email today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos cases tend to settle rather than going to trial, because it is cheaper and easier for defendant companies to settle the matter in this manner. Settlements also reduce the negative publicity that could be associated from a trial verdict. It is crucial to find mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes from internal memos, corporate documentation and statements of former employees who worked with asbestos-containing products. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses however they didn't inform their workers or the general public.

Many states have imposed a time limit, also known as a statute of limitations for how long asbestos victims are allowed to make a claim. The length of time varies between states, but typically range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed, the victims will lose their right to compensation.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to cover medical expenses. Asbestos victims may also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue to award substantial prizes. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, for instance the different methods of calculating damages and if the victim's condition resulted from specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled to damages, including future and past medical expenses as well as lost wages, damage to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can be long. In the past decade, jury awards in mesothelioma cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand what to do during the trial process and can explain their legal rights in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible parties involved, asbestos cases can be more complex. This is particularly true when someone has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create an exhaustive database of the companies, products and locations.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to more compensation.

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a determination of no exposure. These motions require an exhaustive examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.