Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the nation. Asbestos exposure is proven to cause lung disease and damage by research.

It is important that attorneys know how to identify asbestos products in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can assist with the loss of wages medical costs, and other costs associated with mesothelioma or another asbestos-related illness. You can choose to bring a lawsuit, or offer an agreement to the defendants.

In asbestos legal cases, there are generally several defendants since there are a variety of mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or in an employer capacity could be held accountable for the injuries of victims.

Asbestos suits typically fall under product liability laws that are based on the laws of the state and common law which permit damages to be recovered from sellers of goods when those products cause injury. In a lawsuit involving product liability, it is alleged the injuries resulted from defective design or manufacturing and that the victim was not adequately warned of the dangers of the products.

The defendants in asbestos cases typically argue that they did not do anything in a negligent way and that their products are safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing items is linked to various diseases. Additionally, companies that concealed asbestos's risks to boost profits have been accused of attempting to cover up by attempting to suppress claims and trying to block workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide on how to divide the responsibility between the defendants in a process referred to as apportionment. The apportionment will not alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.

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

Once an asbestos case has been filed and a settlement is reached, both sides share information in the process of discovery. This process can last several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complexity of asbestos litigation it is essential that plaintiffs get an experienced lawyer handling their case. The law firm that the victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known as a firm that can secure the maximum amount of compensation for our clients.

Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us via phone or email today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases are often settled instead of going to trial because it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also reduce the negative publicity that comes from a trial verdict. It is important to hire an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must do extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit.

During pre-trial discovery, asbestos lawsuit depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases but didn't disclose this information to their workers or to the general public.

A number of states have set a time limit, also known as a statute of limitations, to determine how long asbestos victims are allowed to make a claim. These time periods vary by state, but they typically vary between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose their right to receive compensation.

The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to cover their medical bills. Asbestos-related victims may also be able to claim through trust funds established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been empty, while others continue to pay out huge amounts of money. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the victim's condition was caused by specific exposures.

In a court trial, plaintiffs must show that they are entitled to compensation, such as past and future medical expenses, loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial process is typically long. In the past decade, jury awards for mesothelioma have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases are more complicated than car accident litigation, where it is usually easy to identify the parties responsible. This is especially the case when someone was exposed more than one type of asbestos and in various locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create a comprehensive database of employers as well as the locations of their products and.

There is a growing concern that the expense of settling claims from past asbestos victims has a negative impact on funds which could be used to fund future cases. In addition, some claimants believe that settlements aren't based on actual injuries and deserve more in compensation.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions require a thorough examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming part of the backlog in the courts.