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Asbestos Litigation

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

It is essential for an attorney to understand how to identify asbestos products in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation If you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can help with lost wages, medical expenses and other costs related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or make an offer of settlement from the defendants in the case.

There are usually many defendants in a case involving asbestos because there are many mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in a position of employer could be held accountable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be sought against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the person who suffered injury was not adequately warned of the risks associated with using the products.

The defendants in asbestos cases typically argue that they did not behave in a negligent way and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and also to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries the judge or jury could decide on how to divide the burden of responsibility among them through a process known as apportionment. The apportionment process does not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. 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 punitive and compensatory damages.

The lawsuit alleges the defendant acted negligently, which means that it failed to take reasonable steps to ensure that 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 may be filed by a victim, or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional distress, loss of enjoyment of life and suffering and pain. Family members who are survivors of someone who died due to an asbestos-related condition can make a claim for wrongful death.

When an asbestos lawsuit is filed, the parties exchange information via an process known as discovery. This process can take several months and could 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 complex nature of asbestos litigation. The law firm that a victim or their family selects should be aware of the unique complexities involved in asbestos attorney litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients.

If you have any questions about filing an asbestos suit, contact us for a no-cost consultation. 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 via email or phone today to get started.

Settlements

When asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover pain and suffering.

Asbestos cases often settle rather than going to trial, as it is cheaper and easier for defendant companies to resolve the matter this way. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into 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. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their workers or the general public.

Many states set time limits, called statutes of limitations which determine how long an asbestos victim can make a claim. The length of time varies from state to state, but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to compensation.

The amount of compensation victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos victims can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos Law-related ailments.

Some of these trusts are empty, while others continue to pay out substantial awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and whether the victim's condition was caused by specific exposures.

In a trial plaintiffs must demonstrate that they have the right to compensation, such as past and future medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can be long. In the past decade mesothelioma cases, jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible parties, asbestos cases can be more complex. This is especially true when an individual has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and asbestos workers, to build an inventory of employers, products and places.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. Some claimants also think that settlements aren't based on actual injuries and they deserve more compensation.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a finding of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can assist to accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.