Asbestos Litigation

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

An attorney should be able identify asbestos in each case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness You may be qualified for compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.

There are usually 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. Companies that offered services to asbestos-using mines, manufacturers or acted in an employer capacity may also be accountable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that allow damages to be awarded against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the victim was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they did not behave in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue in attempting to block claims and also to prevent workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide how to divide the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is known as allocation. The apportionment of liability will not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence which means that it did not use reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a risk and failed to inform consumers and workers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who died due to an asbestos-related illness, like mesothelioma. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life and pain and suffering. Family members of those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two parties share information through an process known as discovery. This process can last for a long time and may include extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for clients.

Contact us for a complimentary consultation for any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us by email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements also avoid negative publicity that may come with a verdict at trial. It is crucial to find a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. Lawyers are able to gather evidence and use it to build a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who worked with asbestos-containing products. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses however, they didn't tell their employees or the general public.

There are many states that set time limits, called statutes of limitations which determine how long an asbestos victim can file a lawsuit. The length of time varies by state, but they typically vary between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of compensation victims can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to cover their medical bills. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma as well as other asbestos law-related illnesses.

Certain trusts have been closed, but others continue to pay out large awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a trial, plaintiffs must show that they are entitled to damages, such as future and past medical expenses such as lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can take a long time. In the last 10 years, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties involved, asbestos cases can be more complicated. 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 is able to interview witnesses, such as family members, coworkers and abatement workers to compile an inventory of companies, products and places.

There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds which could be used to fund future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defendants can fight to dismiss asbestos case claims with summary judgment or a finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's assessment that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.