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Asbestos Litigation

A large amount of asbestos litigation has been handled in courts across the country. Asbestos exposure is proven to cause lung disease and damage by research.

It is crucial for an attorney to understand how to identify asbestos-related materials in each case. This can be done by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites.

Liability

You could be eligible for compensation If you or someone you love is diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related disease. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.

There are usually multiple defendants in an asbestos legal case due to the numerous mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or acted in an employer capacity could also be liable for the injuries sustained by victims.

Asbestos suits typically fall under the law of product liability that are based on state and common laws that permit damages to be recovered from sellers of products when the products cause injury. In a suit for product liability it is claimed that the injuries resulted from an ineffective design or fabrication, and that the injured person was not adequately warned about the dangers associated with products.

Defendants in asbestos cases often argue that they did not act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and by trying to block workers from seeking financial compensation for their injuries.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the responsibility between them in a process known as apportionment. The apportionment does not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers.

An asbestos-related lawsuit can be filed by a victim or estate of a person who passed away from an asbestos-related condition such as mesothelioma. An individual can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life and suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related condition can bring a wrongful death lawsuit.

Once an asbestos case is initiated, the parties exchange information in a process called discovery. It can take several months and may include extensive interviews with co-workers family members, abatement workers, relatives and others to determine possible defendants and their asbestos-related products.

It is essential for plaintiffs to choose an experienced lawyer 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 recognized by defendants and insurance companies for its expertise in these cases.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, please 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 throughout the United States. Contact us now to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial, because it is more cost-effective and easier for the defendant company to settle the matter in this manner. Settlements also help avoid negative publicity that could be associated with a verdict at trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers are able to gather evidence and use it to build a mesothelioma case that is strong and successful.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing products. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states set time limits which are known as statutes of limitation which determine how long an asbestos victim must make a claim. The length of time varies between states, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to compensation.

The amount of compensation a victim will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to award substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

asbestos lawyer-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle problems that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and whether the patient's condition was caused by a specific exposure.

In a trial, plaintiffs must show that they have the right to compensation, such as past and future medical expenses and lost wages, property damages, pain and suffering, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the steps to take in the court process and also explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially true when a person was exposed to more than one kind of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to compile an extensive database of employers products, locations and other information.

The cost of resolving asbestos claims drains funds which could be used to pay future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.

Defendants in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However the motions must be based on an exhaustive review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff received did not cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.