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Asbestos Litigation

A significant amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure is proven to cause lung disease and damage through research.

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

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation may help pay for lost wages medical costs, and other expenses related to mesothelioma and other asbestos-related disease. You can either make a claim or offer a settlement to the defendants.

There are usually multiple defendants in an asbestos case because there are many mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be held responsible for the injuries of victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person injured was not properly warned of the dangers associated with using the products.

Defendants in asbestos attorney cases often 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. Companies who concealed asbestos-related risks to make profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.

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

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the costs of medical treatment for their disease as well as the loss of wages due to inability to work. Victims can also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not take 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 workers and consumers of the danger.

An asbestos lawsuit could be filed by a victim, or the estate of a deceased person from an asbestos-related condition such as mesothelioma. A person may start a personal injury suit to seek compensation for economic and non-economic damages, including emotional suffering as well as loss of enjoyment life as well as pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can make a claim for wrongful death.

Once an asbestos case is initiated, the parties exchange information in a process called discovery. This may take a few months and may include extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation for our clients.

Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. This money is meant to help the family of the victim financially for Asbestos case the financial loss resulting from the asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases are often settled rather than go to trial because it is easier and cheaper for defendant companies to resolve the case this way. Settlements also help avoid negative publicity that can come when a verdict is handed down. It is important to hire an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on the history of their clients' employment, medical records, and Asbestos case asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases, but did not divulge this information to their workers or the general public.

A number of states have time limits also known as statutes or limitations that define how long an asbestos victim can make a claim. The durations vary by state, but usually vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical bills. Asbestos victims might also be able to claim through trust funds established for patients diagnosed with mesothelioma, asbestos-related diseases.

Some trusts are depleted, but others continue to award significant awards. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition was caused by a specific exposure.

In a court trial, plaintiffs must show that they have the right to damages, including future and past medical expenses and loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is often lengthy. In the past decade mesothelioma cases, jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the steps to take in the trial process and explain their rights under the law in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when a person was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a detailed database of employers as well as their products and locations.

The expense of settling asbestos claims drains funds which could have been used to fund future cases. In addition, some claimants believe that settlements aren't founded on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However, these motions require an extensive review of evidence and an expert opinion that the measured doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a burden in the courts.