Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung diseases and damage through research.

An attorney should be able to identify asbestos in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma and other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are usually multiple defendants in a case involving asbestos legal because there are numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos Claim-using mines, manufacturers or acted in the capacity of an employer could be held accountable for the injuries of victims.

Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be recovered against producers of products if those products cause injury to. In a product liability lawsuit it is claimed that the injuries were caused by defective design or manufacturing and that the person injured wasn't adequately warned about the dangers associated with products.

In asbestos cases, Asbestos claim defendants often claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Companies that concealed asbestos risks to make profits were accused of cover-up. They tried to block claims and keep workers from claiming financial compensation for their injuries.

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

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the costs of medical treatment for their illness and lost wages due to being unable to work. Victims may also be eligible for compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not take reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger.

An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for economic and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members who are survivors of someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit.

After an asbestos case is filed and the parties exchange information during a process called discovery. This process can last for a long time and could require extensive interviews with colleagues and relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should be aware of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for clients.

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us now to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is intended to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation may cover the suffering and pain.

Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for defendants to settle the matter this way. Settlements also help avoid negative publicity that may come with a trial verdict. It is crucial to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos settlement-producing firms that could be the cause of the disease. Lawyers can then gather evidence to use in a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers will discover 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 substances. In many instances, these documents show that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate this information to their workers or to the public.

Many states have set a time limit, also known as a statute of limitations, on how long asbestos-related victims can file a lawsuit. These deadlines vary from state to state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their right to be compensated.

The amount of compensation that victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos-related victims can also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Some trusts are exhausted, but others still pay large amounts of money. In 2018 the United States court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the condition was caused by exposures specific to the victim.

In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. Over the past 10 years, jury awards in mesothelioma cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do in the court procedure and will explain their rights under the law in an open courtroom. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true when an individual was exposed to more than one kind of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or asbestos workers, to build a database of employers, products, and the locations.

The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. Many claimants also believe that settlements don't reflect the actual damage and that they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions require an in-depth examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help accelerate the case and make sure that it doesn't be added to the long backlog of cases in the courts.