Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the country. Research has proven that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able identify asbestos in every case. This can be accomplished through conversations with coworkers, obtaining records, and analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a condition related to asbestos. Compensation can help with lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related disease. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

There are usually many defendants in an asbestos-related case because there are many mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos or who were employers could be held liable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from sellers of products if those products cause injuries. In a lawsuit involving product liability it is claimed that the injuries occurred due to an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers of the products.

In asbestos cases, defendants often claim that they weren't 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 variety of diseases. In addition, companies who concealed asbestos's risks to boost profits have been accused of attempting to cover up by attempting to suppress claims and also to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the blame between them in a process known as apportionment. The apportionment of liability will not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a company which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently and did not take reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos claim was dangerous and failed to warn consumers and workers of this risk.

The estates or victims of people who have died from asbestos-related illnesses like mesothelioma can start an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional distress and loss of enjoyment of life, and suffering and pain. Family members who have survived someone who has died from an asbestos-related illness can also make a claim for wrongful death.

Once an asbestos case is filed, the parties exchange information via the process of discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its expertise 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 obtain the maximum amount of compensation for clients.

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can also cover suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documents and statements of former employees who been exposed to asbestos-containing materials. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.

A number of states have set a time limit, also known as a statute of limitations for how long asbestos victims can make a claim. The durations vary by state, but typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to be compensated.

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 consider treatment costs and other costs when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims may also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma or any other asbestos-related ailments.

Some of these trusts have been closed, but others continue to pay out large awards. For instance, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition was caused by exposures specific to the victim.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial can be lengthy. In the last decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer will help patients understand how to proceed during the trial process and can explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is usually simple to identify the responsible parties. 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 interview witnesses such as co-workers or relatives, abatement workers and suppliers to create an extensive database of the companies as well as their products and locations.

The expense of settling asbestos claims drains funds which could have been used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a conclusion of no exposure. These motions require a thorough examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.