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Asbestos Litigation

In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung diseases and damage by research.

An attorney must be able identify asbestos in each case. This can be done by talking with co-workers collecting records, or taking samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can choose to make a claim or offer a settlement to the defendants.

There are typically several defendants in an asbestos case due to the numerous mining companies that produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in a position of employer may also be accountable for injuries suffered by victims.

Asbestos lawsuits are often categorized under products liability laws that are based on state and common laws which permit damages to be recovered from sellers of products when the products cause injury. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the injured party was not properly warned of the risks associated with using the products.

Defendants in asbestos cases often argue that they did not act negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products is linked to different diseases. Additionally, companies that concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit against a business that made or sold asbestos can help victims recover compensation. This includes the costs of medical treatment for their disease, as well as lost wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn workers and consumers of this risk.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma may make an asbestos lawsuit. A person may make a personal injury claim to seek compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life, and pain and suffering. Additionally, the surviving family of someone who died due to an asbestos-related illness may make a claim for wrongful death.

Once an asbestos case has been filed, the two sides share information through the process known as discovery. This may take a few months and could require extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

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

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients.

Contact us for a complimentary consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via phone or email today to begin.

Settlements

When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family members for financial losses caused by asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases usually settle rather than going to trial, as it is less expensive and easier for the defendant company to settle the matter this way. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is essential to choose an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into the history of their clients' employment, medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. Lawyers can gather evidence and use it to construct a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related illnesses but did not inform their workers or the general public.

There are many states that set time limits which are known as statutes of limitation, on how long an asbestos victim can make a claim. The durations vary by state, but generally range between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, victims will lose the right to receive compensation.

The amount of money that patients can receive is contingent on the asbestos-related illness they have been diagnosed with the severity of their condition is and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds established to help those diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have been closed, but others continue to pay substantial payouts. For instance, in the year 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better 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, differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court of law, plaintiffs need to prove they are entitled to damages including past and future medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma juries' awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. Contrary to litigation involving car accidents where it's usually easy to determine the responsible parties involved, asbestos cases can be more complicated. This is particularly true when a person 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 abatement workers to compile a database of products, employers and places.

The cost of resolving asbestos claims eats up funds which could have been used to fund future cases. Additionally, some claimants believe that settlements should be founded on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a conclusion of no exposure. However they must be able to provide an in-depth review of the evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and ensure that it doesn't become part of the lengthy backlog of cases in the courts.