Asbestos Litigation

In the courts across the nation asbestos litigation is a huge issue. Research has proven that exposure to asbestos can cause lung damage and illness.

It is vital that attorneys know how to spot asbestos products in each case. This can be done through speaking to colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation may cover the loss of wages, medical expenses as well as other expenses 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 usually many defendants in an asbestos-related case because there are numerous 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. In addition, companies that provided services to mines or manufacturers that made use of asbestos compensation (click the next page) or acted as employers could be held liable for the victims' injuries.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the injured party was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a range of illnesses. Companies that concealed asbestos-related risks to increase profits were accused of cover-up, as they tried to block claims and keep workers from claiming an amount of compensation for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the blame between them in a process called apportionment. The apportionment will not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional stress as well as loss of enjoyment life and suffering and pain. Family members of someone who died due to an asbestos-related condition can pursue a wrongful-death lawsuit.

When an asbestos-related case is filed and the parties exchange information in a process known as discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

It is crucial that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in these cases.

LK's attorneys are asbestos claim litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to secure maximum compensation for our clients.

If you have any questions regarding filing an asbestos claim lawsuit, please contact us for a free consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us now to get started.

Settlements

If asbestos claim victims prevail in their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases often settle rather than go to trial because it is cheaper and easier for defendants to settle the matter this way. Settlements also avoid negative publicity that may come from a trial verdict. It is crucial to find mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers can then collect evidence and use it to create an effective mesothelioma suit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases, but did not divulge this information to their workers or the public.

Many states have set a time limit, known as a statute of limitations for how long asbestos-related victims can bring a lawsuit. The time frames vary from state to state, but generally range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.

The amount of money victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough funds for their medical bills. asbestos law victims might also be able to claim through trust funds established for those diagnosed with mesothelioma, asbestos-related diseases.

Some trusts are exhausted, but some continue to pay huge amounts of money. 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 developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a court trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses as well as lost wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand how to proceed during the trial process and explain their legal rights in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to determine the responsible parties, Asbestos Compensation asbestos cases can be more complex. This is particularly true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, including family members, coworkers and abatement workers to compile a database of companies, products, and places.

There is growing concern that the expense of settling claims of asbestos victims from the past can drain funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions need a thorough examination of the evidence as well as an expert's opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in courts.