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Asbestos Litigation

In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure has been proven to cause lung diseases and damage by research.

An attorney should be able identify asbestos in each case. This can be done by chatting with colleagues or obtaining records, as well as taking samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be eligible for compensation. Compensation may help pay for lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or a settlement offer from the defendants in the case.

There are usually several defendants in asbestos case cases because there are many mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that used asbestos or who were employers could be held liable for injuries suffered by victims.

asbestos claim lawsuits often fall under the legal category of law governing product liability, which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. In a lawsuit involving product liability it is claimed that the injuries resulted from the design defect or manufacturing error and that the victim wasn't adequately warned about the dangers of the products.

In asbestos cases, defendants often 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-containing products have been linked to a variety of diseases. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up, as they tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the victim's asbestos-related injuries the judge or jury could decide on how to divide the blame between the defendants in a process referred to as the apportionment. The apportionment does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the costs of medical treatment for their illness and the loss of wages because of being unable to work. Victims may also receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who passed away due to an asbestos-related illness, such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional distress as well as loss of enjoyment life, and suffering and pain. In addition, the survivor family members of a deceased person due to an asbestos-related illness may pursue a wrongful-death lawsuit.

When an asbestos lawsuit is filed, the two sides exchange information via the process of discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

Due to the complexity of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation for our clients.

Contact us for a free consultation for any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us today to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the victim's family and friends with the financial burdens 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's easier and cheaper for the defendant companies to settle the case this way. Settlements also avoid negative publicity that may come when a verdict is handed down. It is essential to choose mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it to construct a solid mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their workers or the general public.

A number of states have imposed a time limit, referred to a statute of limitations, on how long asbestos victims are allowed to bring a lawsuit. The time frames vary from state-to-state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to be compensated.

The amount victims can receive depends on the asbestos-related diagnosis they receive and how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough funds for their medical bills. Asbestos victims may also be able to file claims through trust funds that have been established to help those diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts have been empty, while others continue to pay out significant awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made 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 resolve issues that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the 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 as well as loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer will help victims understand the steps to take in the court process and can explain their rights under the law in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation are more complicated. This is especially true if a person was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers, relatives, abatement workers and suppliers to create a detailed database of the companies, products and locations.

There is a growing concern the expense of settling claims of asbestos victims from the past is draining funds which could be used to fund future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. However they must be able to provide a thorough review of the evidence and an expert's view that the doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and avoid the case from becoming part of the backlog in the courts.