Asbestos Litigation

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

An attorney should be able identify asbestos in every case. This can be done by speaking with colleagues or obtaining records, as well as taking samples from homes or work sites.

Liability

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

There are usually many defendants in an asbestos case due to the numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted in a position of employer may also be accountable for injuries sustained by victims.

Asbestos lawsuits are often categorized under the law of product liability which are based on state and common laws which permit damages to be recouped from the seller of a product when they cause injuries. In a product liability suit, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers associated with the products.

Defendants in asbestos cases often claim that they did not act recklessly and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause various illnesses. In addition, companies who concealed asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and also to prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility between them in a process called apportionment. The apportionment does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the expense of medical treatment for their illness and the loss of wages due to inability to work. Victims may also be eligible for compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for Asbestos Claim its intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn workers and consumers of the danger.

An asbestos lawsuit can 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 personal injury claim to claim compensation for economic and non-economic damages, including emotional stress, loss of enjoyment of life as well as suffering and pain. In addition, the surviving family members of a person who died from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties exchange information via a process called discovery. This process can last for a long time and may include extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

It is important that plaintiffs have 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 comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to get the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the nation. Contact us via email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover pain and suffering.

asbestos attorney lawsuits are often settled instead of 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 also can help prevent the negative publicity that can come with a verdict in a trial. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their clients' medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers are able to gather evidence and use it to build a mesothelioma case that is strong and successful.

In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. Evidence typically is found in internal memos, corporate documents and testimony from former employees who been exposed to asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but didn't disclose the information to their employees or to the public.

There are many states that set time limits known as statutes of limitations that define how long asbestos victims have to bring a lawsuit. These deadlines vary between states, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose the right to receive compensation.

The amount of money that victims can receive depends on the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough money to cover medical expenses. asbestos claim sufferers may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma, asbestos-related illnesses.

Some trusts are depleted, but others continue to pay out substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the victim's condition was caused by 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 as well as pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The process of trial is usually long. In the last decade, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in an open courtroom. A qualified attorney can also help to identify potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers, to create an inventory of products, employers and the locations.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was not an exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming a part of the backlog in the courts.