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Asbestos Litigation

A large amount of asbestos-related litigation has been handled by courts across the country. Research has proved that asbestos exposure can cause lung damage and cause disease.

It is essential for an attorney to understand how to recognize asbestos case-related products in each case. This can be accomplished by talking with co-workers, obtaining records, and analyzing samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants because there are numerous mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted as employers may also be accountable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. In a suit for product liability where the injuries occurred due to the design defect or manufacturing error and that the victim was not adequately warned of the dangers of the products.

In asbestos cases, defendants usually 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 have been linked to a wide range of ailments. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of concealing the truth in attempting to block claims and trying to block workers from seeking the financial compensation they deserve for their injuries.

A jury or judge may decide how to divide responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is called apportionment. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

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

The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable precautions to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can make a personal injury claim to seek compensation for economic and non-economic damages, such as emotional distress and loss of enjoyment of life, and suffering and pain. Family members who have survived someone who has died from an asbestos-related illness can also bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two sides exchange information via the process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

Due to the complexity of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that a victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for clients.

If you have 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 in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via email or phone today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is essential to choose mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on the history of their clients' employment, medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence typically is found in internal memos, corporate documents and statements of former employees who have worked with asbestos-containing material. In many cases the documents prove that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate the information to their employees or the general public.

There are many states that set time limits known as statutes of limitations which determine how long an asbestos victim must bring a lawsuit. The time frames vary from state-to-state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to be compensated.

The amount victims can receive depends on the asbestos-related diagnosis they receive, how severe their condition is, and other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts are exhausted, 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 due to working with gaskets made by John Crane Inc.

Trials

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

In a trial the plaintiffs have to prove that they have the right to damages, which include future and past medical expenses such as loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help patients understand how to proceed through the trial procedure and will explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties, asbestos cases are more complicated. This is particularly true when someone has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create a comprehensive database of the companies products, locations and other information.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past is draining funds which could be used to fund future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos compensation claims through the process of summary judgment, or by finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma attorney can help speed up the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.