Asbestos Litigation

A substantial amount of asbestos litigation has been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and cause disease.

An attorney must be able to identify asbestos in every case. This can be done through talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation may help pay for lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related illness. You can bring a lawsuit in order to obtain compensation or an offer to settle the case with the defendants in the case.

There are typically multiple defendants in an asbestos case because there are numerous mining companies that made asbestos attorney and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in a position of employer may also be accountable for the injuries of victims.

Asbestos suits typically fall under product liability laws which are based on common and state laws which permit damages to be recouped from the sellers of products if they cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the dangers that could result from using the products.

Defendants in asbestos cases often claim that they didn't act in a negligent way and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause various illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up. They tried to thwart claims and stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury may determine how to divide the responsibility among them through a process known as apportionment. The apportionment does not affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a business that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence, meaning it did not use reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.

The estates or victims of people who have died from asbestos-related illnesses like mesothelioma are able to bring an asbestos lawsuit. A person may file a lawsuit for personal injury to seek compensation for other and economic damages including emotional distress and pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

Once an asbestos case has been filed, the parties exchange information via a process called discovery. This process can last for a long time and may involve lengthy interviews with coworkers or relatives, abatement employees and others to discover possible defendants and their asbestos-related products.

It is important for plaintiffs to have an experienced attorney handling their case because of the complexity 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 acknowledged by insurance companies and defendants for their expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos law lawsuits. We are renowned for our success to get the most compensation possible for clients.

If you have questions about filing an asbestos suit, contact us for a no-cost consultation. 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 across the nation. Call or email us today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos cases often settle rather than going to trial, because it is less expensive and easier for defendants to settle the case this way. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must do extensive research on their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather 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 from internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate the information to their employees or the public.

A number of states have set a limitation, also known as a statute of limitations, to determine how long asbestos victims are allowed to bring a lawsuit. The length of time varies by state, but typically range from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of compensation a victim will receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts have been depleted but others continue to pay substantial awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that are not resolved through settlement negotiations, such as the different methods of calculating damages and whether the condition was caused by specific exposures.

In a court trial plaintiffs must demonstrate that they have the right to damages, which include past and future medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. In the last 10 years mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the parties involved, asbestos cases can be more complicated. This is especially true if someone was exposed more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to create an exhaustive database of the companies, products and locations.

The expense of settling asbestos claims eats away funds which could have been used to pay future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they should be compensated more.

Defendants in asbestos cases can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. These motions require an extensive examination of evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming a backlog in the courts.