Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled by courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and illness.

An attorney should be able to recognize asbestos in each case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love is diagnosed with a disease related to asbestos. Compensation can help with lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related illness. You can choose to start a lawsuit or offer an agreement to the defendants.

In asbestos cases, there are typically multiple defendants as 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-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in a position of employer may also be accountable for injuries sustained by victims.

Asbestos suits often fall under the law of product liability, which are based on common and state laws which permit damages to be recouped from sellers of products when they cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the victim was not adequately warned of the dangers that could result from using the products.

Defendants in asbestos cases often argue that they did not do anything in a negligent way and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products can cause various illnesses. Companies that hid asbestos risks to increase profits were accused of cover-up as they sought to deny claims and block workers from claiming the financial compensation they deserve for their injuries.

A judge or jury may decide how to divide the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This is known as apportionment. The apportionment doesn’t alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold Asbestos law-related products could aid victims in recovering compensation for the losses they suffered. This includes the costs of medical treatment for their disease and the loss of wages due to inability to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related condition like mesothelioma. An individual can make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life and suffering and pain. In addition, the survivors of a family members of a deceased person from an asbestos-related illness can make a claim for wrongful death.

After an asbestos case is filed, both sides exchange information during the process of discovery. This process can last several months and could require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated 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 all over the country. Call or Asbestos Law email us today to begin.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. This money is meant to help the victim’s family and friends financially for the financial loss resulting from the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases are usually settled rather than 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 can come with a verdict at trial. It is crucial to select mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on their client’s medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit.

During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos-related companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about mesothelioma’s risks, and other asbestos-related diseases but did not inform their employees or the general public.

Many states set time limits which are known as statutes of limitation which determine how long an asbestos victim can start a lawsuit. These time periods vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to a fair settlement.

The amount of compensation victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue to pay substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren’t resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person’s condition is due to a specific exposure.

In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses such as lost wages, property damages or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, asbestos law and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it’s usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is particularly true if the person has been exposed to asbestos in more than one location and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to compile an extensive database of employers as well as the locations of their products and.

There is growing concern that the cost of settling claims of asbestos victims from the past is draining funds which could be used to fund future cases. Some claimants believe that settlements don’t accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was no exposure. These motions require an in-depth examination of the evidence and an expert’s opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can assist to accelerate the case and ensure that it does not become part of the long backlog of cases in the courts.