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Asbestos Litigation

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

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

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical costs and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

There are typically many defendants in a case involving asbestos due to the numerous mining companies that made asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held responsible for the victims' injuries.

Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the victim was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they did not behave in a negligent manner and that their products are safe, even though doctors have long recognized asbestos-containing products can lead to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up. They tried to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to divide responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is called apportionment. The apportionment of liability will not affect the total amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims recover compensation for their losses. This includes the cost of medical treatments for their illness and the loss of earnings due to the inability to work. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related illness like mesothelioma. A person can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional suffering and loss of enjoyment of life, and Asbestos law pain and suffering. Additionally, the surviving family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

When an asbestos lawsuit has been initiated, the parties exchange information in an process known as discovery. This may take a few months and may involve extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm the victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for clients.

Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via email or phone now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial because it is more cost-effective and easier for defendant companies to resolve the case this way. Settlements also avoid negative publicity that can come from a trial verdict. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research about their client's medical records and Asbestos law work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause for their condition. Lawyers are able to gather evidence and use it to build a solid mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence typically comes from internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases however they didn't inform their employees or the general public.

A number of states have set a time limitation, also known as a statute of limitations for how long asbestos victims are allowed to make a claim. The time frames vary from state to state, but generally range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to a fair settlement.

The amount of compensation a victim will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims can also file claims using trust funds which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts are exhausted, but others still pay significant awards. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

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

In a trial plaintiffs must demonstrate that they have the right to damages, such as future and past medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties, asbestos compensation cases are more complicated. This is especially true when someone has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an exhaustive database of the companies as well as their products and locations.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. Some claimants believe that settlements do not reflect the actual damage and that they deserve more compensation.

The defendants in asbestos law cases may seek to dismiss claims through summary judgment or a determination of no exposure. However they must be able to provide an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff received were insufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming part of the backlog in the courts.