Asbestos Litigation

In the courts across the country, asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage and illness.

An attorney should be able recognize asbestos in each case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer a settlement to the defendants.

There are typically several defendants in an asbestos-related case because there are a variety of mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos, or 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 the laws of the state and common law which permit 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 a mismanufacture or a flawed design, and that the injured party was not adequately warned of the dangers that could result from using the products.

The defendants in asbestos cases typically argue that they didn't act recklessly and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various diseases. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of covering up the issue by trying to thwart claims and attempting to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide on how to split responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment will not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about this risk.

A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for economic and other damages including emotional distress or pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a deceased person from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case has been filed and a settlement is reached, both sides share information in a process called discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is important that plaintiffs hire an experienced lawyer handling their case. The law firm a victim or their family chooses to work with should have an understanding of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.

The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation If you have any concerns about filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to help the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who have been exposed to asbestos-containing materials. These documents often show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states set time limits which are known as statutes of limitation which determine how long an asbestos victim must make a claim. The durations vary by state, but they typically range from one to two years. If the statute of limitations expires before a case for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount of compensation that victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough money to cover medical expenses. Asbestos victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts are depleted, but others continue to award significant awards. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

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

In a court trial plaintiffs must demonstrate that they are entitled to damages, which include past and future medical expenses such as loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand what to do through the trial process and can explain their rights under the law in an open courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is usually easy to identify the responsible parties. This is especially true when someone was exposed more than one type of asbestos and at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and asbestos workers, to build an inventory of companies, products and places.

There is a growing concern the cost of resolving claims from past asbestos victims is draining funds which could be used to fund future cases. Some claimants also believe that settlements are not founded on actual injuries and deserve more in compensation.

In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a conclusion of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming part of the backlog in the courts.