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Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease through research.

It is essential for an attorney to understand how to identify asbestos products in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

There are usually several defendants in asbestos cases due to the numerous mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos, or who acted as employers could be held liable for injuries to victims.

Asbestos lawsuits are often categorized under products liability laws which are based on the common law and state laws that allow for damages to be recouped from the seller of a product when those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a flawed design, and that the victim was not adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically claim that they did not act in a negligent manner and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and also to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the burden of responsibility among them through a process known as the apportionment. The apportionment will not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

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

The lawsuit alleges that the defendant acted with negligence which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.

A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma may file an asbestos lawsuit. A person may make a personal injury claim to seek compensation for economic and non-economic damages, including emotional distress as well as loss of enjoyment life as well as suffering and pain. Family members who are survivors of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case is 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 family members, abatement workers, relatives and others in order to identify possible defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its experience in these cases.

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

Contact us today for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to begin.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is meant to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases are often settled instead of going to trial, because it is less expensive and easier for defendant companies to settle the case this way. Settlements also avoid negative publicity that comes from a trial verdict. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a strong mesothelioma case.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documentation and statements of former employees who been exposed to asbestos-containing materials. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related ailments, but did not divulge this information to their workers or to the general public.

Many states set time limitations which are known as statutes of limitation on the time an asbestos victim must start a lawsuit. These time periods vary by state, but generally range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to compensation.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease, 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 pay their medical bills. Asbestos victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related diseases.

Some trusts are empty, while others still pay huge amounts of money. In 2018 the federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim's condition is caused by an exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical costs, lost wages, damage to property or 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 trial process is typically lengthy. In the last 10 years, jury awards for mesothelioma have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is usually easy to identify the responsible parties. This is especially true if the person has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile an extensive database of the companies, products and locations.

The expense of settling asbestos claims drains funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not just based on injuries that actually occurred and should be compensated more.

In asbestos lawyer cases, defendants can seek to dismiss claims by summary judgment or a determination of no exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and ensure that it does not be added to the long backlog of cases in the courts.