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Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Asbestos exposure has been proved to cause lung diseases and damage through research.

An attorney must be able identify asbestos in every case. This can be done by talking with co-workers collecting records, or analysing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical costs and other expenses related to mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are typically several defendants since there are a variety of mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held accountable for injuries to victims.

Asbestos suits often fall under the law of product liability which are based on common and state laws that allow for damages to be recovered from the sellers of products if the products cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a flawed design, and that the person injured was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a myriad of illnesses. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up in attempting to block claims and by trying to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury may determine how to divide the burden of responsibility among them in a process called apportionment. The apportionment process does not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that produced or sold asbestos can help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos compensation was a danger and did not warn workers and consumers of the danger.

A victim or the estates of people who have died from asbestos-related diseases like mesothelioma are able to bring an asbestos lawsuit. An individual can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life, and pain and suffering. Family members of those who have died due to an asbestos-related condition can pursue a wrongful-death lawsuit.

After an asbestos case is filed and the parties share information in a process called discovery. The process can last for several months and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is important for plaintiffs to have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.

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

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located 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 get compensation from companies who knew they exposed them to hazardous substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that comes with a trial verdict. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their workers or the general public.

There are many states that set time limits known as statutes of limitations that define how long an asbestos victim must make a claim. The time frames vary from state to state, but usually vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to receive compensation.

The amount of compensation victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been depleted but others continue to pay out large awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court trial the plaintiffs have to prove that they have the right to damages, which include future and past medical expenses, loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is generally easy to identify the responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos and in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an extensive database of the companies, products and locations.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. In addition, some claimants believe that settlements are not based on actual injuries and they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an 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. While the process could take time, a qualified mesothelioma lawyer could help to speed up the process and make sure that it doesn't become part of the long backlog of cases in courts.