Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major problem. Research has proven that exposure to asbestos can cause lung damage and illness.

It is important for attorneys to know how to identify asbestos products in each case. This can be accomplished by chatting with colleagues or obtaining records, as well as analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.

There are typically several defendants in a case involving asbestos because there are a variety of mining companies that made asbestos and the manufacturers 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 acted as employers could be held accountable for the victims' injuries.

Asbestos lawsuits are often categorized under the law of product liability, which are based on state and common laws that allow for damages to be recovered from the seller of a product when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the injured party was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the expense of medical treatment for their disease and the loss of wages due to inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to inform consumers and workers of the danger.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related condition like mesothelioma. An individual can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional distress as well as loss of enjoyment life and pain and suffering. Family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.

When an asbestos-related case is filed and a settlement is reached, both sides share information in the process known as discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

It is essential that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses have an understanding of the unique complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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

Contact us for a free consultation should 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 in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases are often settled rather than go to trial, as it is easier and cheaper for the defendant company to settle the case this way. Settlements also help avoid negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can gather evidence and use it to create an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos settlement companies' negligence. Evidence typically is found in internal memos, corporate documents and asbestos testimony of former employees who have worked with asbestos-containing materials. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their employees or the general public.

Many states have imposed a time limit, also known as a statute of limitations, on how long asbestos victims can file a lawsuit. The length of time varies by state, but typically range from one to two years. If the statute of limitations expires before a suit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of compensation victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough money to cover their medical expenses. Asbestos-related victims can also file claims using trust funds that were set up to compensate 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 pay out large prizes. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos asbestos victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by an exposure.

In a court of law, plaintiffs will have to prove that they are entitled damages, including future and past medical costs loss of wages, damages to property, pain and discomfort, and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is often easy to identify the responsible parties. This is particularly true when a person was exposed to more than one type of asbestos and in multiple locations. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to compile an extensive database of the companies products, locations and other information.

The expense of settling asbestos claims eats up funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries, and they should be compensated more.

Defendants can fight to dismiss asbestos claims using summary judgment or a finding that there was no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help accelerate the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.