Asbestos Litigation

A large amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung disease and damage through research.

An attorney should be able recognize asbestos in every case. This can be done by speaking with colleagues collecting records, or studying samples from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness You may be entitled to compensation. Compensation may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

There are typically several defendants in a case involving asbestos legal because there are numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or who acted as employers could also be liable for injuries suffered by victims.

Asbestos suits often fall under the law of product liability that are based upon the laws of the state and common law which permit damages to be recovered from sellers of products when the products cause injuries. In a suit for product liability it is claimed that the injuries resulted from defective design or manufacturing and that the person injured was not adequately warned about the dangers associated with the products.

In asbestos lawyer cases, defendants often argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long acknowledged that asbestos-containing items is linked to different diseases. Companies that concealed asbestos-related risks to make profits were accused of cover-up, as they tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

A jury or judge can decide on how to split the burden of responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This is known as apportionment. The apportionment process does not affect the total amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos claim can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.

An asbestos lawsuit can be filed by a victim or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury to seek compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment of the life. Family members who have survived someone who has passed away due to an asbestos-related illness may also make a claim for wrongful death.

Once an asbestos-related case has been filed, the two sides exchange information via a process called discovery. It can take several months and may include lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses be aware of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via email or phone today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can help 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 this way. Settlements also prevent negative publicity that could be associated with a verdict at trial. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into the medical records of their clients, work history, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies' negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases, these documents show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate the information to their employees or the general public.

A number of states have time limits also known as statutes or limitations, on how long asbestos victims have to file a lawsuit. The time frames vary between states, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to be compensated.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive, how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to cover their medical expenses. Asbestos-related victims can also file claims using trust funds which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue paying out substantial payouts. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is caused by an exposure.

In a trial, plaintiffs must show that they have the right to damages, such as past and future medical expenses, loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the parties, asbestos cases are more complicated. This is particularly true when a person has been exposed to asbestos attorney in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of companies, products and locations.

There is growing concern that the cost of settling claims from past asbestos victims can drain funds that could be used to pay for future cases. Some claimants also believe that settlements do not reflect actual injuries and they should be compensated more.

Plaintiffs in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. However these motions require a thorough review of the evidence and an expert's view that the doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can help speed up the process and Asbestos Litigation ensure that it does not become part of the aforementioned long backlog of cases in courts.