Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the country. Research has shown that asbestos exposure can cause lung damage and illness.

It is important for an attorney to know how to spot asbestos products in each case. This can be accomplished by talking to colleagues, collecting documents, or by analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation when you or someone you care about is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can bring a lawsuit, or offer a settlement to the defendants.

There are typically several defendants in an asbestos case because there are numerous mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in the capacity of an employer could be held accountable for the injuries of victims.

Asbestos lawsuits are often categorized under the law of product liability that are based on state and common laws that permit damages to be recovered from the sellers of products if those products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a flawed design, and that the injured party was not adequately warned of the risks associated with using the products.

Defendants in asbestos cases often claim that they did not act in a negligent way and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various illnesses. Additionally, companies that concealed asbestos's dangers in order to increase profits have been accused of attempting to cover up in attempting to block claims and also to block workers from seeking the financial compensation they deserve for their injuries.

A jury or judge may decide how to distribute the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment of liability will not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos could help victims receive compensation. This includes the cost of medical treatment for their disease as well as the loss of earnings due to the inability to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn workers and consumers of the danger.

An asbestos-related lawsuit can be filed by a victim or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional anxiety as well as loss of enjoyment life, and suffering and pain. Family members who have survived someone who died due to an asbestos-related disease can make a claim for wrongful death.

Once an asbestos case is filed, the two parties share information through the process known as discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family selects should be aware of the complexities unique to asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure maximum compensation for our clients.

If you have any questions regarding 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, asbestos case Texas. We represent clients nationwide. Contact us via phone or email today to begin.

Settlements

If asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos cases are often settled rather than go to trial, as it is easier and cheaper for defendant companies to resolve the matter this way. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is crucial to select mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers can gather evidence and use it to build a strong mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of mesothelioma's dangers, and asbestos case other asbestos-related diseases but did not inform their employees or the general public.

Many states set time limits also known as statutes or limitations that define how long an asbestos victim has to start a lawsuit. The time frames 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, the victims lose their right to compensation.

The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease, how severe their condition is and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough money to pay their medical expenses. Asbestos-related victims can also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been depleted but others continue to award substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they are entitled to damages, including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The process of trial is usually long. In the past decade, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible parties involved, asbestos cases can be more complex. This is particularly true if an individual has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma attorney is able to interview witnesses like coworkers and relatives, abatement workers and suppliers to create an exhaustive database of employers, products and locations.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Some claimants believe that settlements do not reflect actual injuries and they are entitled to more compensation.

Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a determination of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the long backlog of cases in the courts.