Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the nation. Research has proven that asbestos exposure can cause lung damage and cause disease.

It is vital for an attorney to understand how to identify asbestos-related materials in every case. This can be done by talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can cover medical expenses, lost wages and other costs associated with mesothelioma. You can choose to bring a lawsuit, or offer a settlement to the defendants.

In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for the victims' injuries.

Asbestos lawsuits are often categorized under products liability laws which are based on the common law and state laws which permit damages to be recouped from the sellers of products if the products cause injuries. In a suit for product liability, it is alleged the injuries were caused by defective design or manufacturing and that the victim was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a wide range of ailments. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to stop workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment for their disease, as well as lost wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit claims that the defendant acted negligently which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.

A person who has been a victim or the estates of people who have died from asbestos-related diseases like mesothelioma could bring an asbestos lawsuit. A person may make a claim for personal injury to seek compensation for other and economic damages like emotional distress as well as pain and suffering and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related illness can also make a claim for wrongful death.

When an asbestos lawsuit has been filed, the two parties exchange information via a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer handling their case. The law firm the victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

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

If you have questions about 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 across the country. Call or email us today to begin.

Settlements

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

Asbestos lawsuits are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many cases the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge the information to their employees or the general public.

Many states set time limits, called statutes of limitations, on how long an asbestos victim can make a claim. The time frames vary from state to state, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some trusts are exhausted, but others still pay huge amounts of money. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and whether the victim's condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to compensation, such as past and future medical expenses such as loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the last 10 years mesothelioma jury awards cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process and explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident cases where it is usually easy to identify the parties responsible. This is especially true when a person was exposed to more than one kind of asbestos at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers to compile a database of companies, products, and locations.

The expense of settling asbestos compensation claims drains funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect actual injuries and they should be compensated more.

Plaintiffs in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's view that the doses of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming a backlog in the courts.