Asbestos Litigation

In the courts across the country asbestos litigation is a huge issue. Research has proven that asbestos exposure can cause lung damage and illness.

An attorney should be able to identify asbestos in each case. This can be done through speaking to 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 could be eligible for compensation. Compensation can help with lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related illness. You can file a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there will be multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in an employer capacity could be held accountable for injuries suffered by victims.

Asbestos suits typically fall under products liability laws that are based on the common law and state laws which allow damages to be recovered from sellers of goods when the products cause injury. In a lawsuit involving product liability where the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately warned of the dangers associated with products.

In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a range of illnesses. Companies that concealed asbestos-related dangers to increase profits were accused of a cover-up as they sought to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide how to split the responsibility between them in a process known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims receive compensation for their losses. This includes the cost of medical treatments for their disease and lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to warn workers and consumers of the danger.

An asbestos lawsuit could be filed by a victim, or the estate of a person who died from an asbestos-related disease such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life as well as suffering and pain. Additionally, the surviving family members of a person who died from an asbestos law-related disease may bring a wrongful death lawsuit.

Once an asbestos-related case is filed, the two sides exchange information via the process of discovery. It can take several months and may involve extensive interviews with colleagues, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim or their family selects should have an understanding of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client's work history, medical records and asbestos attorney exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies' negligence. The evidence typically 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 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 have set a time limitation, also known as a statute of limitations, to determine how long asbestos victims are allowed to file a lawsuit. These time periods vary from state-to-state, but are typically between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed, victims will lose the right to compensation.

The amount of compensation that victims will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims can also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts are closed, while others continue to award significant awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.

In a court of law, plaintiffs will be required to prove that they are entitled damages, including future and past medical costs, lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can take a long time. In the past decade mesothelioma jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer will help patients understand how to proceed through the trial process and can explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is typically simple to identify the responsible parties. This is particularly true if a person has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers, to create an inventory of the companies, products, and the locations.

There is a growing concern that the expense of settling claims of asbestos victims from the past can drain funds which could be used to fund future cases. Furthermore, some claimants think that settlements aren't basing on actual injuries and they deserve more compensation.

In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a determination of no exposure. These motions are, however, subject to an exhaustive examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer could help to accelerate the case and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.