Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Research has shown that asbestos exposure can cause lung damage and cause disease.

An attorney should be able to identify asbestos compensation in each case. This can be done by talking with co-workers collecting records, or taking samples from homes or work sites.

Liability

You may be entitled to compensation in the event that you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You can either make a claim or offer an agreement to the defendants.

There are typically multiple defendants in an asbestos case because there are numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in an employer capacity could also be held responsible for the injuries sustained by victims.

Asbestos suits often fall under the law of product liability which are based on the laws of the state and common law which permit damages to be recouped from sellers of goods when they cause injury. In a product liability lawsuit it is claimed that the injuries resulted from an ineffective design or fabrication, and that the person injured was not adequately warned about the dangers associated with the products.

Defendants in asbestos cases often claim that they did not do anything in a negligent manner and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can cause various diseases. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of covering up the issue by trying to thwart claims and also to stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility between them through a process known as the apportionment. 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 against a company that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable their job. 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 care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to inform consumers and workers of this risk.

An asbestos lawsuit can be filed by a victim, or the estate of a person who has died due to an asbestos claim-related illness, such as mesothelioma. A person may make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life as well as suffering and pain. Family members of those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, the two parties exchange information in an process known as discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to obtain the highest amount of compensation for our clients.

Contact us today for a no-obligation consultation for any questions regarding filing a lawsuit against 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 throughout the nation. Contact us by email or phone now to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also 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 this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.

Mesothelioma lawyers may uncover evidence that Asbestos Attorney companies were negligent during depositions and asbestos attorney investigations. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related illnesses but did not disclose the information to their employees or the general public.

Many states set time limitations which are known as statutes of limitation on the time an asbestos victim must make a claim. The length of time varies from state-to-state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to a fair settlement.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is, and other aspects. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough funds to cover medical expenses. Asbestos sufferers can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts have been depleted but others continue paying out substantial awards. In 2018, a federal court awarded $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 a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition was caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they have the right to compensation, such as past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand how to proceed in the court procedure and will explain their rights under the law in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the responsible parties, asbestos cases are more complicated. This is particularly true if the person has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or asbestos workers, to build a database of products, employers and the locations.

The cost of resolving asbestos claims eats up funds which could be used to pay future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and should be compensated more.

Plaintiffs in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. However these motions require an extensive review of evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer could help to speed up the process and ensure that it doesn't be added to the long backlog of cases in courts.