Asbestos Litigation

A large portion of asbestos-related cases have been handled in courts across the nation. Research has shown that exposure to asbestos can cause lung damage and illness.

It is vital that attorneys know how to spot asbestos products in each case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are typically several defendants since 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 provided services to asbestos-using mines, manufacturers or who acted in a position of employer may also be accountable for the injuries sustained by victims.

Asbestos suits typically fall under laws governing product liability which are based on state and common laws which allow damages to be recovered from the sellers of products if those products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products have been linked to a myriad of illnesses. In addition, companies who concealed asbestos's risks to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the blame between them through a process known as the apportionment. The apportionment of liability does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.

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

A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma may file an asbestos lawsuit. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of a person who died due to an asbestos-related illness may make a claim for wrongful death.

Once an asbestos case is filed, the two parties exchange information through the process of discovery. This process can last for a long time and may involve extensive interviews with co-workers family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handling their case. 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 defendants for its expertise.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are committed 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 from all over the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into their client's medical records, work history, and asbestos attorney exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that Asbestos Attorney producers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their workers or the general public.

A number of states have set a time limit, known as a statute of limitations, on how long asbestos victims are allowed to make a claim. The durations vary by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease, how severe their condition is and other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough funds to pay for medical expenses. Asbestos victims might also be able to claim through trust funds that have been established for those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some trusts are closed, while others continue to award huge amounts of money. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos attorney asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will have to prove that they are entitled damages, including past and future medical costs and lost wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma cases, jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos cases can be more complicated than car accident cases where it is generally easy to identify responsible parties. This is especially true when an individual was exposed to more than one kind of asbestos in various locations. A seasoned mesothelioma attorney will interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive list of companies as well as their products and locations.

There is growing concern that the cost of resolving claims from asbestos victims in the past is consuming funds that could be used to pay for future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

The defendants can seek to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However the motions must be based on an extensive review of evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer could help to accelerate the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.