Asbestos Litigation

A substantial amount of asbestos-related cases have been handled in courts across the nation. Asbestos exposure has been shown to cause lung damage and asbestos claim lung disease by research.

An attorney should be able identify asbestos in every case. This can be done through conversations with coworkers collecting records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

There are usually several defendants in an asbestos case because there are many mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos, or acted as employers could be held responsible for injuries to victims.

Asbestos suits often fall under product liability laws which are based on the laws of the state and common law that allow for damages to be recovered from the seller of a product when those products cause injury. In a suit for product liability it is claimed that the injuries were caused by faulty design or mismanufacture and that the person injured was not adequately informed about the risks associated with the products.

The defendants in asbestos cases typically argue that they did not behave recklessly and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products is linked to various diseases. Additionally, companies that concealed asbestos’s risks to boost profits have been accused of covering up the issue by attempting to suppress claims and also to stop workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the burden of responsibility among them in a process called the apportionment. The apportionment doesn’t alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their illness and lost wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to warn workers and consumers about the risk.

A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could make an asbestos lawsuit. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional stress and suffering, loss of enjoyment life and suffering and pain. Family members who are survivors of someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit.

After an asbestos lawsuit is filed and a settlement is reached, both sides exchange information during the process of discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that the victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and Asbestos Claim defendants for their expertise.

The attorneys at LK’s are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. The money is intended to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may cover the suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is because it’s less expensive and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client’s work history as well as medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes from internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing materials. In many instances, these documents show that asbestos claim manufacturers were aware of mesothelioma’s risks and other asbestos-related illnesses but didn’t disclose the information to their employees or the public.

Many states set time limits known as statutes of limitations that define how long an asbestos victim can start a lawsuit. The time frames vary from state to state, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed victims will lose their right to compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough funds for their medical bills. Asbestos victims may also be able to claim through trust funds established for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been depleted 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-related victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient’s condition was caused by a specific exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical costs, lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial is usually lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the steps to take in the trial process and can explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than litigation involving car accidents, where it is generally simple to identify the responsible parties. This is particularly true when an individual was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, or abatement workers, to create a database of companies, products and the locations.

The cost of resolving asbestos claims drains funds that could be used to pay for future cases. Some claimants also believe that settlements don’t reflect actual injuries, and they should be compensated more.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a determination of no exposure. However these motions require an extensive review of evidence and an expert’s opinion that the doses of asbestos that plaintiffs received were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help accelerate the case and ensure that it doesn’t be added to the long backlog of cases in courts.