Asbestos Litigation

In courts all over the country, asbestos litigation has been a significant issue. Research has proved that asbestos exposure can cause lung damage as well as disease.

An attorney should be able recognize asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.

There are typically several defendants in an asbestos case because there are numerous 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 provide services to asbestos-using mines or manufacturers or in an employer capacity could also be liable for injuries sustained by victims.

Asbestos suits typically fall under the law of product liability which are based on common and state laws which permit damages to be recouped from sellers of goods when they cause injuries. In a suit for product liability, it is alleged the injuries resulted from the design defect or manufacturing error and that the victim was not adequately warned of the dangers of the products.

Defendants in asbestos cases often argue that they didn't act in a negligent way and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Moreover, companies that hid the risks of asbestos to boost profits have been accused of attempting to cover up by attempting to suppress claims and attempting to block workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries the judge or jury could decide how to split the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment process does not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not exercise 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, but failed to in educating consumers and workers about this risk.

The estates or victims of people who have died from asbestos-related illnesses like mesothelioma can bring an asbestos legal lawsuit. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional suffering and loss of enjoyment of life as well as suffering and pain. The surviving family members of those who have died due to an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos case has been filed, the two parties share information through an process known as discovery. This process can last for a long time and may involve extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm the victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to obtain maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a no-cost 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 from all over the nation. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is meant to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can also cover pain and suffering.

Asbestos cases are often settled instead of going to trial, as it is more cost-effective and easier for defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form of internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related ailments, but didn't disclose this information to their employees or to the public.

A number of states have imposed a time limit, also known as a statute of limitations for how long asbestos-related victims can make a claim. The length of time varies from state to state, however, they are usually between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive and how severe their condition is and other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay out large awards. In 2018 the federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.

In a court of law, plaintiffs will be required to prove that they are entitled to damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial can be long. In the last decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist patients understand how to proceed through the trial process and can explain their legal rights in a courtroom with an open door. A qualified attorney can also help to identify potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create a comprehensive database of employers as well as their products and locations.

The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. However, these motions require an exhaustive review of the evidence and an expert's opinion that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and prevent the case from becoming a burden in the courts.