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Asbestos Litigation

In the courts across the country, asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung disease and damage through research.

An attorney must be able to recognize asbestos in each case. This can be done through discussing with colleagues, obtaining reports, or looking at samples taken from home or workplaces.

Liability

You may be entitled to compensation If you or someone you care about is diagnosed with a disease related to asbestos. Compensation can help with lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

There are typically many defendants in a case involving asbestos because there are many mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted as employers could also be liable for the injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on state and common laws that permit damages to be recouped from the sellers of products when those products cause injury to. In a product liability lawsuit where the injuries resulted from the design defect or manufacturing error and that the person who was injured was not adequately informed about the dangers of the products.

In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that hid asbestos risks to make profits were accused of a cover-up. They tried to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide how to distribute responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that made 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 receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of the danger.

A victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can file an asbestos lawsuit. An individual can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life as well as suffering and pain. In addition, the surviving family of someone who died from an asbestos-related illness can file a wrongful death lawsuit.

After an asbestos case is filed, the two parties exchange information via the process of discovery. This process can last some time 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 to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.

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

If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the country. Contact us by email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them to dangerous substances. The money is intended to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients, work history, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then collect evidence and use it in the preparation of an effective mesothelioma suit.

During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or to the public.

A number of states have time limits, called statutes of limitations, on how long an asbestos victim has to make a claim. The length of time varies from state to state however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to receive compensation.

The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients receive enough funds to pay for medical expenses. Asbestos-related victims can also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts are depleted, but others still pay large amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will need to prove they are entitled to damages, including past and future medical expenses loss of wages, damages to property as well as pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. A qualified attorney can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially the case when a person was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an extensive database of the companies as well as their products and locations.

There is growing concern that the expense of settling claims from past asbestos victims is consuming funds which could be used to fund future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they should be compensated more.

In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a conclusion of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion on whether the asbestos compensation doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.