Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage through research.

It is essential that attorneys know how to identify asbestos products in every case. This can be done by talking to co-workers, getting documents, or analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation may cover the loss of wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that produce 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 or manufacturers or who acted in a position of employer could also be liable for the injuries sustained by victims.

Asbestos suits typically fall under product liability laws, which are based on the laws of the state and common law which allow damages to be recovered from the sellers of products if they cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the victim was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants typically claim that they did not act in a negligent manner and that their products were safe, even though doctors have long acknowledged that asbestos-containing items is linked to various illnesses. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of covering up the issue by attempting to suppress claims and attempting to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to divide responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma can file an asbestos lawsuit. A person can start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional anxiety and suffering, loss of enjoyment life as well as suffering and pain. In addition, the surviving family of someone who died due to an asbestos-related illness may file a wrongful death lawsuit.

Once an asbestos case has been filed the parties share information in a process called discovery. This process may take some time and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must be aware of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its expertise in asbestos cases.

The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to secure the maximum amount of compensation for our clients.

Contact us for a complimentary consultation for any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies which exposed them to harmful substances. This money is meant to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases usually settle rather than going to trial, as it is less expensive and easier for the defendant company to settle the matter in this manner. Settlements also reduce the negative publicity that comes with a trial verdict. It is important to hire Mesothelioma law lawyers who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's work history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. The lawyers can then collect evidence and use it in an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos attorney companies negligence. Evidence usually is found in internal memos, corporate documentation and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases, however, they did not communicate the information to their employees or to the general public.

There are many states that set time limits also known as statutes or limitations, on how long an asbestos victim has to file a lawsuit. The length of time varies between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to be compensated.

The amount of money victims will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough money to pay their medical bills. Asbestos victims might also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts are depleted, but some continue to pay substantial awards. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a court of law, plaintiffs need to prove they are entitled to damages, including future and past medical expenses loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial is usually long. In the past decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in an open courtroom. An experienced attorney can assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true when an individual was exposed to more than one kind of asbestos and in various locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and mesothelioma law abatement workers, to create a database of employers, products, and places.

The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. Some claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions, however, require an in-depth examination of the evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and ensure that it does not become part of the long backlog of cases in courts.