Asbestos Litigation

In the courts across the nation, asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage as well as disease.

An attorney must be able identify asbestos in every case. This can be done through speaking to colleagues, obtaining reports, or looking at samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation can be used to pay for lost wages, medical expenses and other costs associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

There are typically multiple defendants in a case involving asbestos because there are a variety of mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos or who acted as employers could be held liable for the victims' injuries.

Asbestos suits typically fall under the law of product liability that are based upon the laws of the state and common law that allow for damages to be recouped from sellers of goods when those products cause injuries. In a suit for product liability it is claimed that injuries resulted from the design defect or manufacturing error and that the person injured was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a range of illnesses. Companies that concealed asbestos risks to make profits were accused of a cover-up, and they attempted to deny claims and block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between the defendants in a process referred to as the apportionment. The apportionment process does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their condition, as well as lost earnings due to the inability to work. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about the dangers.

An asbestos lawsuit can be filed by a victim or estate of a person who passed away from an asbestos-related illness like mesothelioma. A person can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life and pain and suffering. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit.

After an asbestos case is filed the parties share information in a process called discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.

The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about filing a lawsuit against 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 nation. Call or email us today to get started.

Settlements

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

Asbestos cases usually settle rather than go to trial, because it is less expensive and easier for the defendant company to settle the case in this way. Settlements also help avoid negative publicity that can come when a verdict is handed down. It is essential to choose mesothelioma attorneys who have experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. The lawyers can then collect evidence to use in a strong mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos attorney companies' negligence. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many instances the documents prove that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related ailments, but did not divulge the information to their employees or the public.

There are many states that set time limits known as statutes of limitations on the time an asbestos victim has to start a lawsuit. These time periods vary by state, but usually range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients have enough money to cover their medical expenses. Asbestos victims might also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts are exhausted, but others still pay substantial awards. For instance, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages including future and past medical costs, lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. Over the past 10 years mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand how to proceed in the trial process and 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. Asbestos cases are more complicated than car accident litigation, where it is typically simple to identify the responsible parties. This is especially true when the person has been exposed to asbestos in multiple places and at different times. A seasoned mesothelioma attorney will 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 a growing concern the cost of settling claims from past asbestos victims has a negative impact on funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. These motions, however, require a thorough examination of the evidence and an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.