Asbestos Litigation

A large portion of asbestos-related litigation has been handled by courts across the nation. Asbestos exposure has been proven to cause lung disease and damage through research.

An attorney must be able identify asbestos in each case. This can be done through talking to co-workers, getting reports, or looking at samples from homes or workplaces.

Liability

You may be entitled to compensation when you or someone you know is diagnosed with a disease related to asbestos lawyer. Compensation can pay for lost wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case.

In asbestos cases, there will be multiple defendants because there are numerous mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of Asbestos Claim-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted in an employer capacity could also be liable for the injuries sustained by victims.

Asbestos suits often fall under laws governing product liability that are based on the common law and state laws that allow for damages to be recovered from the seller of a product when those products cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the injured party wasn't adequately warned of the dangers associated with using the products.

Defendants in asbestos cases often claim that they did not act negligently and that their products are safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing items is linked to different diseases. Companies who concealed asbestos-related risks to boost profits were accused of cover-up as they sought to block claims and keep workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim the judge or jury could decide on how to divide the responsibility among the defendants in a process referred to as allocation. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about this risk.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related disease like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life and pain and suffering. Family members who are survivors of those who have died due to an asbestos-related condition can make a claim for wrongful death.

When an asbestos lawsuit is initiated, the parties share information through the process known as discovery. This may take a few months and could require extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants and their asbestos-related products.

It is essential 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 loved ones chooses must be aware of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain maximum compensation for our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are committed 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 nation. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. This money is meant to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos cases often settle rather than go to trial, because it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is crucial to select mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can gather evidence and use it to construct a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically is found in internal memos, corporate documents and testimony of former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related ailments, but didn't disclose this information to their employees or the public.

A number of states have imposed a time limit, known as a statute of limitations, to determine the length of time asbestos victims can sue. The length of time varies from state to state but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to a fair settlement.

The amount of money victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys consider the cost of treatment and asbestos claim other expenses when negotiations to ensure that patients receive enough funds for their medical bills. asbestos settlement-related victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.

Some trusts are closed, while others continue to pay out substantial awards. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc.

Trials

Trials are the 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 caused by an exposure.

In a court of law, plaintiffs will be required to prove that they are entitled to damages including past and future medical expenses, lost wages, damage to property as well as pain and discomfort 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 decade mesothelioma juries' awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation where it is generally easy to identify responsible parties. This is particularly true when someone has been exposed to asbestos in multiple locations and at different times. A seasoned mesothelioma attorney will interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.

The expense of settling asbestos attorney claims eats away funds that could have been used to pay future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and deserve more in compensation.

In asbestos cases, defendants can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. These motions need a thorough examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a backlog in the courts.