Asbestos Litigation

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

It is essential for an attorney to understand how to identify asbestos-related materials in each case. This can be accomplished by speaking with colleagues, obtaining records, and analysing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case.

There are typically many defendants in a case involving asbestos 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. Additionally, businesses that provided services to mines or manufacturers that used asbestos or who acted as employers could be held responsible for injuries to victims.

Asbestos lawsuits often fall under the legal category of product liability law which is built on state and common laws that allow damages to be awarded against sellers of products if those products cause injuries. In a lawsuit involving product liability it is claimed that injuries resulted from the design defect or manufacturing error and that the person who was injured was not adequately warned about the dangers associated with the products.

Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products are safe, even though doctors have long recognized asbestos-containing products is linked to various diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming an amount of compensation for their injuries.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This process is known as apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not take reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional suffering and suffering, loss of enjoyment life, and pain and suffering. Additionally, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

Once an asbestos case is filed, the parties exchange information through an process known as discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to get maximum compensation for our clients.

Contact us today for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. 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 by email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are often settled rather than going to trial because it is more cost-effective and easier for the defendant company to settle the case in this way. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

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

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos attorney-related companies' negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related illnesses but didn't disclose this information to their employees or to the public.

Many states have set a limit, referred to a statute of limitations for how long asbestos victims can make a claim. The durations vary by state, but usually vary 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 compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease as well as how serious their condition is, and other aspects. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds for their medical bills. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some of these trusts are depleted, but others continue to award large amounts of money. For instance, 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

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved 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 particular exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, including past and future medical expenses as well as loss of wages, property damage and pain and suffering and asbestos litigation loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. Over the past 10 years, jury awards in mesothelioma cases have increased dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand what to do in the trial process and can explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially the case when the victim was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma attorney can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an extensive list of companies products, locations and other information.

There is a growing concern that the cost of settling claims of asbestos victims who have been in the past has a negative impact on funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries and they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the doses measured of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in the courts.