Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage as well as disease.

It is important that attorneys know how to identify asbestos claim products in each case. This can be accomplished by chatting with colleagues collecting records, or analyzing samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation may cover medical expenses, lost wages and other expenses related to mesothelioma. You can make a claim for compensation or a settlement offer from the defendants in the case.

In asbestos cases, there are usually multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or asbestos litigation manufacturers or who acted in a position of employer may also be accountable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that permit damages to be recovered against the sellers of products when those products cause injuries. In a lawsuit involving product liability where the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately informed about the risks associated with the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos settlement-containing products are linked to a wide range of ailments. Companies that hid asbestos risks to increase profits were accused of a cover-up. They tried to thwart claims and stop workers from seeking financial compensation for their injuries.

A judge or jury may decide on how to split the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment does not affect the total amount of money 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 recover compensation for the losses they suffered. This includes the cost of medical treatments for their condition as well as the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

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

The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma could start an asbestos claim lawsuit. An individual can file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life, and pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos-related case has been filed, the two sides share information through the process of discovery. The process can last for several months and may require 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 important that plaintiffs get an experienced lawyer handling their case. The law firm that the victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.

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

If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are committed 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 nationwide. Contact us via phone or email now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies that exposed them substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases are usually 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 also prevent negative publicity that can come with a trial verdict. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into the history of their clients' employment, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related diseases but did not divulge this information to their workers or to the public.

Many states have set a time limit, known as a statute of limitations, to determine the length of time asbestos victims can sue. The durations vary by 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 rights to receive compensation.

The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients receive enough money to pay their medical bills. Asbestos victims might also be able to claim through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have dwindled, however others continue to award substantial payouts. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs be required to prove that they have a right to damages, including future and past medical expenses as well as lost wages, damage to property, 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. Over the past 10 years, jury awards in mesothelioma cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A qualified lawyer can also help to identify potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties, asbestos cases are more complicated. This is especially true when a person was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of employers, products and the locations.

There is a growing concern that the expense of settling claims from past asbestos victims can drain funds that could be used to pay for future cases. Furthermore, asbestos litigation some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

In asbestos cases, defendants can argue for dismissal of claims through summary judgment or a determination of no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. Although the process can take time, a qualified mesothelioma attorney can help accelerate the process and make sure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.