Asbestos Litigation

In the courts across the country asbestos litigation has been a major problem. Asbestos exposure has been shown to cause lung disease and damage through research.

It is vital for attorneys to know how to spot asbestos products in every case. This can be accomplished by talking with co-workers or obtaining records, as well as taking samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are usually multiple defendants in an asbestos case because there are numerous mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or acted in an employer capacity could also be liable for the injuries of victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a product liability suit where the injuries were caused by the design defect or manufacturing error and that the person who was injured wasn't adequately warned about the dangers associated with the products.

In asbestos cases, defendants often claim that they did not behave in a negligent way and that their products are safe, even though doctors have long recognized asbestos-containing products can cause various illnesses. Companies who concealed Asbestos claim-related risks to make profits were accused of a cover-up, as they tried to suppress claims and prevent workers from seeking an amount of compensation for their injuries.

A jury or judge may decide how to distribute the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not alter the amount of money a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatments for their condition, as well as lost wages because of being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to inform consumers and workers of the danger.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes including emotional distress and pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of someone who passed away from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos-related case is filed, the parties exchange information via the process of discovery. It can take several months and may include extensive interviews with co-workers family members, abatement workers, relatives and others in order to identify potential defendants as well as their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must be aware of the unique complexities of asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in these cases.

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

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated 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 by email or phone today to get started.

Settlements

When victims win their asbestos law lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. The money is intended to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases are often settled rather than going to trial, because it is less expensive and easier for the defendant company to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

In the course of pre-trial discovery and depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. The evidence typically is found in the form 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 mesothelioma's risks and other asbestos-related diseases but did not divulge this information to their workers or to the public.

A number of states have set a limit, referred to a statute of limitations for how long asbestos-related victims can file a lawsuit. The durations vary by state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their right to a fair settlement.

The amount of money that victims can receive depends on their asbestos-disease diagnosis, how severe their condition is and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients receive enough money to cover their medical bills. Asbestos-related victims may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

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

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help in resolving issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the condition was caused by specific exposures.

In a court trial the plaintiffs must prove that they have the right to damages, including past and future medical expenses and lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial process can be long. In the past decade mesothelioma jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation where it is typically easy to identify the parties, asbestos cases can be more complex. This is particularly true when the person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, and abatement workers, to compile an inventory of products, employers, and locations.

The cost of resolving asbestos claims eats up funds which could be used to pay for future cases. In addition, some claimants believe that settlements should be based on actual injuries and should be compensated more.

Defense attorneys can argue to dismiss asbestos claims with the process of summary judgment, or by finding that there was not an exposure. However these motions require an extensive review of evidence and an expert opinion that the doses of asbestos that plaintiffs received were not enough to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the long backlog of cases in the courts.