Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the country. Research has proven that exposure to asbestos can cause lung damage and illness.

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

Liability

If you or a loved one is diagnosed with an asbestos-related illness You may be eligible for compensation. Compensation may help pay for lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You may choose to bring a lawsuit, or offer a settlement to the defendants.

There are typically many defendants in an asbestos case because there are numerous mining companies who produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in an employer capacity may also be accountable for injuries sustained by victims.

Asbestos lawsuits are often categorized under laws governing product liability, which are based on the laws of the state and common law which permit damages to be recouped from the seller of a product when they cause injury. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or defective design and that the person injured was not properly warned of the risks that came with using the products.

Defendants in asbestos cases often argue that they did not do anything in a negligent way and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause different diseases. Companies that concealed asbestos dangers to increase profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for their injuries.

A judge or Asbestos Case jury may decide on how to split responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment process does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for Asbestos Case their disease and lost wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of this risk.

A victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional stress, 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.

Once an asbestos case has been filed, the two sides exchange information in the process of discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

It is essential for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos lawyer litigation. The law firm a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases.

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

Contact us today for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Contact us today to begin.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases usually settle rather than going to trial, as it is cheaper and easier for defendants to settle the matter this way. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client's work history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases however they didn't inform their workers or the general public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim must make a claim. The time frames vary from state to state, but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other aspects. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough money for their medical bills. Asbestos victims might also be able to claim through trust funds created for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to award substantial awards. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and if the victim's condition was caused by exposures specific to the victim.

In a court trial, plaintiffs must show that they have the right to damages, such as future and past medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial process can be lengthy. Over the past 10 years mesothelioma jury awards cases have increased dramatically and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to determine the responsible parties involved, asbestos cases are more complicated. This is particularly true when a person was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile a detailed database of the companies, products and locations.

The expense of settling asbestos claims eats away funds that could have been used to pay future cases. Some claimants also believe that settlements are not basing on actual injuries and deserve more in compensation.

Defendants in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process may take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in courts.