Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Research has proved that exposure to asbestos can cause lung damage and disease.

An attorney must be able identify Asbestos claim in each case. This can be done through discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation can help with lost wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related illness. You can either start a lawsuit or offer a settlement to the defendants.

There are usually many defendants in a case involving asbestos because there are numerous mining companies that produced asbestos settlement as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos, or who were employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits are often categorized under the law of product liability that are based upon common and state laws that permit damages to be recovered from sellers of goods when those products cause injuries. In a product liability suit it is claimed that the injuries were caused by an ineffective design or fabrication, and that the victim wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants typically argue that they did not act negligently and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to various diseases. Companies that concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to suppress claims and prevent workers from seeking an amount of compensation for their injuries.

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

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a danger and did not warn workers and consumers of this risk.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person may start a lawsuit claiming personal injury to claim compensation for financial and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life. Family members who are survivors of someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, both sides share information in a process called discovery. This can last several months and may involve lengthy interviews with coworkers family members, abatement workers, relatives and others to discover potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is important that plaintiffs get an experienced lawyer handle their case. The law firm that a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients.

If you have any questions about 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, Texas. We represent clients from all over the country. Contact us via email or phone today to start your journey.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that comes when a verdict is handed down. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers are able to gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documents, and the testimony of former employees who been exposed to asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses but did not inform their workers or the general public.

There are many states that set time limits, called statutes of limitations on the time an asbestos victim can bring a lawsuit. The durations vary by state, but they typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victim will lose their right to receive compensation.

The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is, and other aspects. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related ailments.

Some of these trusts are exhausted, but some continue to pay large amounts of money. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, such as the various ways to calculate damages and whether the victim's condition resulted from specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses such as loss of earnings, property damage, asbestos Claim pain and suffering, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial can be long. In the last 10 years, jury awards in mesothelioma cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand the steps to take during the trial process and can explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially the case when an individual was exposed to more than one kind of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create an exhaustive database of the companies, products and locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past is draining funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to speed up the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.