Asbestos Litigation

A large portion of Asbestos Attorney-related litigation has been handled by courts across the country. Studies have proven that exposure to asbestos can cause lung damage and illness.

An attorney should be able to recognize asbestos in every case. This can be accomplished 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 condition you may be eligible for compensation. Compensation may cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can file a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there are generally several defendants since there are numerous mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers who used asbestos, or who were employers could be held liable for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that permit damages to be awarded against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or a flawed design, and that the person injured was not adequately warned about the risks that came with using the products.

The defendants in asbestos cases typically claim that they did not act negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can lead to different diseases. Companies that concealed asbestos-related risks to make 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 responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the blame between the defendants in a process referred to as the apportionment. The apportionment process does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos can help victims recover compensation. This includes the expense of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims could also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos was a risk and failed to in educating consumers and workers about this risk.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma could bring an asbestos lawsuit. A person can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional suffering and loss of enjoyment of life as well as pain and suffering. Additionally, the surviving family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case is filed, the two sides exchange information via a process called discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is essential for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

The attorneys at LK’s are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for asbestos attorney clients.

If you have any questions about filing an asbestos lawsuit, contact 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 nationwide. Contact us now to get started.

Settlements

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

Asbestos cases are usually 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 can also avoid the negative publicity that comes with a verdict in a trial. It is crucial to select an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client’s past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial mesothelioma lawyers are able to discover evidence of asbestos companies’ negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers knew about mesothelioma’s risks, and other asbestos-related diseases but did not inform their workers or the general public.

There are many states that set time limits also known as statutes or limitations which determine how long an asbestos victim must bring a lawsuit. The length of time varies by 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 victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough funds to cover medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts are closed, while others still pay large amounts of money. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a trial the plaintiffs have to prove that they have the right to damages, which include past and future medical expenses such as loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The process of trial can be lengthy. In the last decade mesothelioma cases, jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand what to do through the trial process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is typically simple to identify the responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers to compile a database of products, employers and the locations.

The expense of settling asbestos claim claims drains funds that could have been used to fund future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims using summary judgment or a finding that there was no exposure. These motions need a thorough examination of the evidence as well as an expert’s opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a backlog in the courts.