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Asbestos Litigation

In courts all over the country asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and cause disease.

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

Liability

You may be entitled to compensation when you or someone you love has been diagnosed with a disease related to asbestos. Compensation can help with lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos case-related illness. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants.

There are usually many defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries sustained by victims.

Asbestos suits often fall under product liability laws that are based upon common and state laws which allow damages to be recovered from the sellers of products if the products cause injury. In a product liability suit, it is alleged the injuries were caused by defective design or manufacturing and that the victim wasn't adequately warned about the dangers associated with the products.

In asbestos cases, defendants typically argue that they did not behave negligently and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up as they sought to block claims and keep workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury could decide how to split the burden of responsibility among them in a process known as apportionment. The apportionment process 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 which manufactured or sold asbestos settlement could help victims receive compensation. This includes the costs of medical treatment for their illness as well as the loss of wages due to inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos-related lawsuit can 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, including emotional stress, loss of enjoyment of life as well as pain and suffering. Family members who have survived someone who has died from an asbestos-related condition can file a wrongful deaths lawsuit.

Once an asbestos-related case has been filed, the two parties exchange information in the process known as discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

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 selects should be aware of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the country. Contact us by phone or email now to get started.

Settlements

If asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos cases tend to settle instead of going to trial, because it is easier and cheaper for defendants to settle the matter in this manner. Settlements also reduce the negative publicity that could be associated from a trial verdict. It is essential to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into the medical records of their clients and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically is found in internal memos, corporate documents, and testimony from former employees who have been exposed to asbestos-containing materials. These documents typically show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their employees or the general public.

Many states set time limitations known as statutes of limitations which determine how long an asbestos victim must start a lawsuit. The durations vary by state, but typically vary between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose the right to receive compensation.

The amount of compensation that victims will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical bills. Asbestos sufferers may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been wiped out, but others continue to pay out large payouts. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial process is typically lengthy. Over the past 10 years mesothelioma jury awards cases have increased dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help patients understand how to proceed through the trial process and can explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially true when an individual has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an exhaustive database of employers products, locations and other information.

There is a growing concern the expense of settling claims of asbestos victims from the past can drain funds that could be used to pay for future cases. Additionally, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation.

The defendants can seek to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. However, these motions require an in-depth review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a burden in the courts.