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Asbestos Litigation

In courts all over the country asbestos litigation has been a major issue. Research has proven that asbestos exposure can cause lung damage and illness.

It is important for attorneys to know how to recognize asbestos-related products in every case. This can be done through conversations with coworkers, obtaining records, and studying samples from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can cover lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You can start a lawsuit to claim compensation or make a settlement offer from the defendants in the case.

There are typically many defendants in an asbestos case due to the numerous mining companies who produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or acted as employers could be held responsible for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is built on state and common laws that permit damages to be recouped from producers of products if those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or defective design and that the person who suffered injury was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a range of illnesses. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up in attempting to block claims and trying to prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found responsible for a victim's asbestos-related injuries the judge or jury may determine how to divide the burden of responsibility among them in a process called the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims also may receive compensatory and punitive damages.

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

A person who is a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma could file an asbestos lawsuit. A person can make a claim for personal injury in order to obtain compensation for financial and other damages including emotional distress, pain and suffering, and Asbestos Claim loss of enjoyment of the life. Additionally, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

Once an Asbestos Claim case has been initiated, the parties exchange information through an process known as discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to get the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the nation. Contact us via phone or email now to get started.

Settlements

When victims win their asbestos settlement lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos cases usually settle instead of going to trial, because it is more cost-effective and easier for defendants to settle the matter in this manner. Settlements also reduce the negative publicity that comes with a trial verdict. It is crucial to select a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their clients' medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial, mesothelioma lawyers can find evidence of asbestos-related companies negligence. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases however they didn't inform their employees or the general public.

A number of states have set a time limitation, also known as a statute of limitations, on how long asbestos-related victims can sue. These time periods vary by state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to a fair settlement.

The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical bills. Asbestos victims may also be able to claim through trust funds set up to help those diagnosed with mesothelioma or other asbestos attorney-related diseases.

Some of these trusts have been closed, but others continue to pay out large awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help settle problems that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition resulted from specific exposures.

In a trial the plaintiffs must prove that they are entitled to damages, including past and future medical expenses such as lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process is typically long. In the last decade mesothelioma juries' awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist patients understand how to proceed in the court process and also explain their rights under the law in an open courtroom. A qualified lawyer 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 when someone was exposed more than one type of asbestos in various locations. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and abatement workers to compile an inventory of employers, products and the locations.

The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Some claimants also believe that settlements do not reflect actual injuries, and they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims through the process of summary judgment, or by finding that there was not an exposure. However they must be able to provide an in-depth review of the evidence and an expert opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming part of the backlog in the courts.