Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the nation. Asbestos exposure is proven to cause lung disease and damage by research.

An attorney must be able identify asbestos in every case. This can be done by talking with co-workers, obtaining records, and taking 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 can help with lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related disease. You can start a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be liable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on state and common laws that allow damages to be sought against 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 due to a flawed or a design defect and that the victim was not properly warned of the dangers that could result from using 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 items are linked to a myriad of illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up as they sought to deny claims and block workers from claiming financial compensation for their injuries.

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

Damages

A lawsuit filed against a company who manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their disease and the loss of wages because of being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not 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 a risk and failed to inform consumers and workers of the danger.

An asbestos lawsuit could be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional stress as well as loss of enjoyment life as well as suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case is filed, the two sides exchange information through the process of discovery. It can take several months and could require extensive interviews with co-workers and relatives, abatement workers and others to discover potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for asbestos litigation our success in obtaining the highest compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a free consultation. 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 across the nation. Contact us via phone or asbestos litigation email today to start your journey.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases tend to settle rather than going to trial, as it is cheaper and easier for defendant companies to resolve the matter this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is important to hire mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on their client's employment history as well as medical records and asbestos compensation exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence to use in a strong mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form of internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing products. These documents usually show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their employees or the general public.

Many states have set a time limit, also known as a statute of limitations, on how long asbestos victims can make a claim. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma has been filed, the victims will lose their right to compensation.

The amount of compensation victims receive is contingent upon the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos-related victims 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 are depleted, but some continue to pay significant awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help resolve issues that cannot be 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 trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses as well as lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can take a long time. In the last decade mesothelioma jury awards cases have increased significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the steps to take in the trial procedure and will explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the parties involved, asbestos cases can be more complicated. This is especially true when an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of employers, products and locations.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past is consuming funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions require an in-depth examination of the evidence as well as an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer could help to accelerate the case and ensure that it does not become part of the long backlog of cases in courts.