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Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung damage and lung disease through research.

It is important for an attorney to know how to identify asbestos-related materials in every case. This can be done by speaking with colleagues in the office, collecting records, and studying samples from home or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can help with lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You may choose to start a lawsuit or offer a settlement to the defendants.

There are typically several defendants in an asbestos case because there are a variety of mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers who used asbestos, or acted as employers could be held responsible for injuries suffered by victims.

Asbestos lawsuits are often categorized under product liability laws which are based on state and common laws which permit damages to be recovered from sellers of products when they cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or a defective design, and the injured party was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants typically claim that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products can cause different diseases. Companies that hid asbestos risks to increase profits were accused of a cover-up, as they tried to deny claims and block workers from claiming an amount of compensation for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility among them in a process called the apportionment. The apportionment of liability will not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their illness, as well as lost wages due to inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person may make a claim for personal injury in order to obtain compensation for other and economic damages including emotional distress, pain and suffering, and loss of enjoyment the life. The surviving family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.

Once an asbestos case has been filed, both sides exchange information in a process known as discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complexity of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handle their case. The law firm that a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to secure the highest amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated 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 throughout the nation. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into their client's employment history, medical records, and asbestos claim exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one.

In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence typically comes from internal memos, corporate documentation and statements of former employees who have worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states set time limits also known as statutes or limitations, on how long an asbestos victim has to make a claim. These deadlines vary from state to state, but are typically between one and two years. If the statute of limitation expires before a suit for mesothelioma has been filed, victims will lose the right to receive compensation.

The amount patients can receive is contingent on the asbestos-related diagnosis they receive, how severe their condition is and other aspects. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been depleted but others continue to award substantial awards. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that aren't resolved through settlement negotiations, for instance the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will have to prove that they are entitled to damages including past and future medical expenses loss of wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is often long. In the last 10 years mesothelioma cases, jury verdicts cases have increased dramatically and far exceeded the amount given to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation where it's usually easy to identify the parties involved, asbestos cases can be more complicated. This is particularly true if an individual has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma lawyer can interview witnesses, including family members, coworkers and abatement workers, to create an inventory of products, employers, and locations.

The cost of resolving asbestos claims eats up funds which could be used to pay future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions require an extensive examination of evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.