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Asbestos Litigation

In courts all over the country asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung diseases and damage through research.

An attorney should be able identify asbestos in each case. This can be done through talking to co-workers, getting reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be eligible for compensation. Compensation can be used to pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You may choose to start a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that produce asbestos and manufacturers of 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 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 sought against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the injured party was not adequately warned about the risks that came with using the products.

In asbestos cases, defendants often claim that they didn't act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized asbestos-containing items is linked to various diseases. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of attempting to cover up by attempting to suppress claims and by trying to stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility among them in a process called allocation. The apportionment of liability will not alter the amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their disease as well as the loss of wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma may make an asbestos settlement lawsuit. A person may make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress as well as loss of enjoyment life and suffering and pain. In addition, the survivor family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.

After an asbestos case is filed and a settlement is reached, both sides share information in the process known as discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

Due to the complexity of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer handling their case. The law firm a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants for its experience in these cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

Contact us for a complimentary consultation for any questions about filing a lawsuit involving 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 nationwide. Call or email us today to begin.

Settlements

When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases are typically 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 in this manner. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is important to hire an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on the medical records of their clients, asbestos litigation work history, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form of internal memos, corporate documents and the testimony of former employees who have been exposed to asbestos-containing materials. In many instances documents, they show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos lawyer-related diseases however, they did not communicate this information to their employees or the general public.

A number of states have time limits known as statutes of limitations that define how long an asbestos victim has to make a claim. The durations vary by state, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma is filed victims will lose their right to receive compensation.

The amount of money victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims may also be able to claim through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay out large payouts. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a trial the plaintiffs have to prove that they are entitled to damages, including future and past medical expenses and loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the steps to take in the trial process and can explain their legal rights in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true if someone was exposed more than one kind of asbestos in multiple places. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of products, employers and locations.

The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims through summary judgment, or a finding that there was no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming a backlog in the courts.