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Asbestos Litigation

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

An attorney should be able to identify asbestos in every case. This can be done through talking to colleagues, collecting records, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can help with lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are usually several defendants in asbestos cases because there are numerous mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in the capacity of an employer may also be accountable for injuries suffered by victims.

Asbestos lawsuits are often categorized under product liability laws that are based on state and common laws which allow damages to be recovered from the seller of a product when those products cause injury. In a product liability lawsuit, it is alleged the injuries were caused due to an ineffective design or fabrication, and that the person who was injured wasn't adequately warned about the dangers associated with products.

Defendants in asbestos cases often argue that they did not do anything in a negligent manner and that their products are safe, even though doctors have long acknowledged that asbestos lawsuit-containing products can lead to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming financial compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a jury or judge can decide how to divide the responsibility among them in a process called apportionment. The apportionment process does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos was a risk and failed to provide warnings to consumers and asbestos workers about the dangers.

A person who has been a victim or the estates of people who have died from asbestos claim-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.

Once an asbestos case has been filed, the two sides share information through an process known as discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located 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 companies that knowingly exposed them to dangerous substances. The money is intended to assist the victim's family and friends 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 defendant companies to settle the matter in this manner. Settlements can also help avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related ailments, but didn't disclose the information to their employees or to the public.

Many states set time limitations known as statutes of limitations which determine how long an asbestos victim has to bring a lawsuit. The time frames vary from state to state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to receive compensation.

The amount victims will receive is contingent upon the asbestos lawyer-related diagnosis they receive and how severe their condition is, and other factors. Attorneys consider treatment costs as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to award substantial payouts. In 2018, for instance a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process can be lengthy. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help patients understand how to proceed in the trial procedure and will explain their legal rights in a public courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is generally easy to identify the responsible parties. This is especially true if someone was exposed more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos workers, to build an inventory of the companies, products, and places.

There is a growing concern that the expense of settling claims from past asbestos victims has a negative impact on funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they should be compensated more.

Defendants in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert's opinion that the doses of asbestos law measured by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and make sure that it doesn't be added to the long backlog of cases in courts.