Asbestos Litigation

In the courts across the country, asbestos litigation has been a major problem. Asbestos exposure has been shown to cause lung damage and lung disease through research.

An attorney should be able identify asbestos in each case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation can be used to pay for medical expenses, lost wages and other costs associated with mesothelioma. You can either bring a lawsuit, or offer an agreement to the defendants.

There are typically several defendants in an asbestos-related case because there are a variety of mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the person injured was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products have been linked to a range of illnesses. Moreover, companies that hid asbestos’s dangers to boost profits have been accused of engaging in a cover-up in attempting to block claims and also to prevent workers from seeking compensation for their injuries.

If more than one defendant is found responsible for the victim’s asbestos-related injuries the judge or jury could decide on how to divide the responsibility between them in a process known as apportionment. The apportionment will not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims may also be eligible for compensation and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to use reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to inform consumers and workers about the dangers.

A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma may start an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for other and economic damages including emotional distress or pain and suffering and loss of enjoyment of the life of. Family members who are survivors of someone who has passed away due to an asbestos lawsuit-related condition can pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties exchange information through the process of discovery. The process can last for several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm the victim, or their family, chooses should comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

LK’s attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to get the most compensation possible for clients.

Contact us for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. 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 United States. Contact us today to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos lawsuits are often 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 prevent the negative publicity that comes when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complicated and lawyers must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will discover evidence of asbestos companies’ negligence. Evidence typically is found in internal memos, corporate documentation and testimony from former employees who been exposed to asbestos-containing materials. These documents usually show that asbestos producers knew about mesothelioma’s risks, and other asbestos-related diseases, but didn’t tell their employees or the general public.

A number of states have set a limitation, also known as a statute of limitations, on how long asbestos-related victims can sue. The length of time varies by state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to be compensated.

The amount of compensation a victim will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough money to pay their medical expenses. Asbestos victims might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay out large prizes. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and if the victim’s condition resulted from specific exposures.

In a court of law, plaintiffs will need to prove they are entitled to damages, asbestos attorney including past and future medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be long. In the past decade mesothelioma cases, asbestos attorney jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. asbestos attorney cases can be more complex than litigation involving car accidents, where it is often easy to identify the parties responsible. This is especially true if an individual was exposed to more than one type of asbestos and in multiple places. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers to compile an inventory of the companies, products and places.

The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. In addition, some claimants think that settlements aren’t basing on actual injuries and should be compensated more.

In asbestos cases, defendants can seek to dismiss claims through summary judgment or a determination of no exposure. These motions need an exhaustive examination of the evidence and an expert’s opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer could help to accelerate the process and make sure that it doesn’t become part of the long backlog of cases in courts.