Asbestos Litigation

A large amount of asbestos litigation has been handled in courts across the nation. Research has shown that asbestos exposure can cause lung damage and illness.

An attorney must be able recognize asbestos in every case. This can be done through conversations with coworkers, obtaining records, and analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can cover lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related illness. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.

There are typically several defendants in asbestos cases because there are many mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or as employers could also be held responsible for the injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on common and state laws that permit damages to be recouped from producers of products if those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or defective design and that the injured party was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often argue that they did not act in a negligent manner and that their products were safe, asbestos claim even though doctors have long acknowledged that asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related risks to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury can decide how to divide the burden of responsibility among them in a process known as the apportionment. The apportionment does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

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

The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person may bring a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional anxiety and loss of enjoyment of life, and suffering and pain. Family members who have survived those who have died due to an asbestos-related disease can bring a wrongful death lawsuit.

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

It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to get the highest amount of compensation for our clients.

Contact us for a free consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can cover pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. 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 typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their employees or asbestos claim the general public.

There are many states that set time limits which are known as statutes of limitation on the time an asbestos legal victim must make a claim. These time periods vary by state, but generally vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to be compensated.

The amount patients can receive is contingent on their asbestos-disease diagnosis and how severe their condition is and other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients have enough money for their medical bills. asbestos Claim sufferers can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay out large awards. In 2018, a federal court gave $70 million to the relatives of a 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 much better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition resulted from specific exposures.

In a court of law, plaintiffs will be required to prove that they have a right to damages, including past and future medical costs loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often long. In the past decade mesothelioma jury awards cases have risen significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed in the trial process and also explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties, asbestos cases can be more complex. This is particularly true if a person has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of companies, products and locations.

The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and therefore deserve more compensation.

Defendants can fight to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions require an exhaustive examination of the evidence as well as an expert's assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in courts.