Asbestos Litigation

A significant amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure is proven to cause lung diseases and damage by research.

It is vital for an attorney to know how to recognize asbestos-related products in every case. This can be accomplished through conversations with coworkers collecting records, or analysing samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related illness. You may choose to file a lawsuit or offer a settlement to the defendants.

There are typically several defendants in an asbestos-related case due to the numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in the capacity of an employer could be held accountable for the injuries sustained by victims.

Asbestos suits often fall under product liability laws which are based on common and state laws that allow for damages to be recovered from the seller of a product when the products cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the person injured wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants typically claim that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various diseases. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and by trying to block workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide on how to split the burden of responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is known as allocation. The apportionment process does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims may also receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not take reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to inform consumers and workers of the danger.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person can file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivors of a family members of a deceased person from an asbestos-related disease may file a wrongful death lawsuit.

Once an northport asbestos lawsuit case has been filed, the two sides exchange information in an process known as discovery. This may take a few months and may include extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants and their asbestos-related products.

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

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to obtain the maximum amount of compensation to our clients.

Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us by email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases usually settle rather than going to trial, because it is easier and cheaper for defendant companies to settle the case this way. Settlements also help avoid negative publicity that may come with a trial verdict. It is essential to choose mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can gather evidence and use it to build a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public.

Many states set time limits known as statutes of limitations that define how long an asbestos victim must bring a lawsuit. These deadlines vary between states, but generally range between one and two years. If the statute of limitations expires before a suit for mesothelioma can be filed, victims will lose their right to compensation.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is and other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have been depleted but others continue paying out substantial payouts. 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-related victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by specific exposures.

In a trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses as well as loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand Vimeo the process of trial and explain their legal rights before a judge in a public courtroom. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible parties involved, Vimeo asbestos cases can be more complicated. This is especially true if an individual has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma attorney is able to speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile an exhaustive list of companies, products and locations.

There is growing concern that the expense of settling claims from past asbestos victims is draining funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they are entitled to more compensation.

The defendants in asbestos cases may argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. However the motions must be based on an in-depth review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming part of the backlog in the courts.