Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage through research.

An attorney should be able recognize asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can either bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there are generally several defendants since there are many mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in an employer capacity may also be accountable for the injuries sustained by victims.

Asbestos lawsuits are often categorized under products liability laws that are based upon state and common laws which permit damages to be recovered from the sellers of products if the products cause injury. In a suit for product liability it is claimed that injuries were caused due to defective design or manufacturing and that the victim wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Moreover, companies that hid asbestos's risks to boost profits have been accused of concealing the truth in attempting to block claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility among them through a process known as the apportionment. The apportionment does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could aid victims in recovering compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about the dangers.

A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to start an asbestos lawsuit. A person may make a personal injury claim to claim compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life, and suffering and pain. In addition, the surviving family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed and the parties exchange information in a process called discovery. This may take a few months, and may require extensive interviews with colleagues or relatives, abatement employees and others in order to identify potential defendants and asbestos-related products.

Due to the complex nature of asbestos case litigation, it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm that a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for asbestos lawsuit its experience in these cases.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for our clients.

Contact us today for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. Evidence typically comes in the form of internal memos, corporate documents and asbestos lawsuit testimony from former employees who worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but did not divulge 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 victims can file a lawsuit. These time periods vary by state, but generally vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to a fair settlement.

The amount victims will receive is contingent upon the diagnosis of their asbestos law-related disease, how severe their condition is, and other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical expenses. Asbestos sufferers can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related ailments.

Some of these trusts have been closed, but others continue to pay out large payouts. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, including future and past medical expenses and lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial can take a long time. Over the past 10 years mesothelioma jury awards cases have risen significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial and explain their legal right in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true when an individual has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as family members, coworkers and abatement workers to compile a database of the companies, products and places.

The expense of settling asbestos claims eats up funds which could be used to pay for future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was no exposure. However they must be able to provide a thorough review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming a backlog in the courts.