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Asbestos Litigation

In the courts across the country, asbestos litigation is a huge issue. Research has proven that asbestos exposure can cause lung damage and cause disease.

An attorney should be able identify asbestos in each case. This can be done through conversations with coworkers, obtaining records, and taking samples from homes or work sites.

Liability

You may be entitled to compensation when you or someone you love is diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can make a claim or offer an agreement to the defendants.

In asbestos cases, there will be multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or asbestos litigation acted in an employer capacity could also be held responsible for injuries sustained by 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 producers of products if those products cause injury to. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a defective design, and the victim was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a myriad of illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up, and they attempted to deny claims and block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge may determine how to divide the responsibility between them through a process known as apportionment. The apportionment of liability does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, which 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 and failed to inform consumers and workers of the danger.

A victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can start an asbestos lawsuit. A person can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional anxiety, loss of enjoyment of life, and pain and suffering. Family members who have survived those who have died due to an asbestos-related illness can also bring a wrongful death lawsuit.

Once an asbestos case is initiated, the parties exchange information through the process known as discovery. It can take several months and could require extensive interviews with colleagues, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its experience in these cases.

The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for our clients.

Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that can come with a verdict at trial. It is essential to choose an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.

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

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically is found in internal memos, corporate documentation and the testimony of former employees who been exposed to asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate the information to their employees or to the public.

Many states set time limitations, called statutes of limitations that define how long an asbestos victim must make a claim. The time frames vary from state to state, but are typically between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount of money victims receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Certain trusts have been depleted but others continue to award substantial payouts. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that aren't resolved through settlement negotiations, such as differences in the method of calculating damages and whether the victim's condition was caused by specific exposures.

In a trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma cases, jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand the steps to take in the trial process and explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation which is usually easy to identify the individuals involved, asbestos litigation are more complicated. This is especially true when an individual has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of employers, products, and locations.

There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past is draining funds which could be used to fund future cases. Some claimants also believe that settlements are not basing on actual injuries and should be compensated more.

The defendants in asbestos cases may contest claims to dismiss them through summary judgment or a conclusion of no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming a backlog in the courts.