Asbestos Litigation

A significant amount of asbestos litigation has been dealt with in courts across the country. Research has proven that asbestos exposure can cause lung damage and disease.

An attorney must be able identify asbestos in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

There are usually many defendants in asbestos cases because there are a variety of mining companies who produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos or who acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits often fall under product liability laws, which are based on the common law and state laws that permit damages to be recouped from the seller of a product when those products cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person who suffered injury wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants typically claim that they didn't act recklessly and that their products were safe, even though doctors have long recognized the use of asbestos-containing products is linked to various illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up, and they attempted to thwart claims and stop workers from claiming an amount of compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries, a jury or judge could decide on how to divide the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment of liability does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products can help victims receive compensation for their losses. This includes the cost of medical treatment for their condition, as well as lost wages due to inability to work. Victims can also be awarded compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos attorney was dangerous and failed to inform consumers and workers of the danger.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma could file an asbestos lawsuit. A person can make a personal injury claim to claim compensation for non-economic and asbestos case economic damages, including emotional anxiety and suffering, loss of enjoyment life as well as pain and suffering. Family members who have survived those who have died due to an asbestos-related condition can file a wrongful deaths lawsuit.

When an asbestos lawsuit has been initiated, the parties exchange information in a process called discovery. This process can take several months and may 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 victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their expertise.

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

Contact us for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to start your journey.

Settlements

If asbestos case (Shinhwapack Co said) victims prevail in their cases, they receive compensation for the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases are often settled rather than go to trial, because it is easier and cheaper for defendants to settle the matter this way. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma 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 on their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying possible asbestos attorney-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form internal memos, corporate documents and testimony from former employees who have been exposed to asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their employees or the general public.

A number of states have imposed a time limit, also known as a statute of limitations, to determine how long asbestos-related victims can make a claim. The length of time varies between states, but typically range between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of compensation that victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay substantial payouts. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that are not resolved through settlement negotiations, such as the different methods of calculating damages and if the victim's condition resulted from specific exposures.

In a trial plaintiffs must demonstrate that they have the right to damages, including past and future medical expenses and loss of wages, property damage and 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 10 years mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and also explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the parties involved, asbestos cases are more complicated. This is especially true when someone has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to create a detailed list of companies products, locations and other information.

There is a growing concern the expense of settling claims from past asbestos victims is consuming funds that could be used to fund future cases. In addition, some claimants believe that settlements should be basing on actual injuries and they deserve more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. These motions need an extensive examination of evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a backlog in the courts.