Asbestos Litigation

In the courts across the country, asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage and disease.

It is important for an attorney to understand how to recognize asbestos-related products in each case. This can be done through speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation may help pay for lost wages, medical expenses and other expenses that are associated with mesothelioma or an asbestos-related illness. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

There are typically many defendants in an asbestos-related case because there are numerous mining companies who produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of ellisville asbestos lawyer-contaminated properties. Companies that provided services to alliance asbestos lawsuit-using mines, manufacturers or as employers could be held accountable for the injuries sustained by victims.

Asbestos lawsuits are often categorized under product liability laws that are based upon the common law and state laws that allow for damages to be recovered from sellers of goods when the products cause injury. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a flawed design, and that the person injured was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often assert that they were not negligent and alliance asbestos lawsuit that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a range of illnesses. Additionally, companies that concealed asbestos's risks to increase profits have been accused of covering up the issue in attempting to block claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide on how to split the blame between defendants in cases where more than one defendant has been found responsible for an asbestos-related injury. This is known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products could aid victims in recovering compensation for their losses. This includes the costs of medical treatment for their condition and the loss of wages because of being unable to work. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges 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 further alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. An individual can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life and pain and suffering. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease can pursue a wrongful-death lawsuit.

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

Due to the complexity of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer handle their case. The law firm the victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

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

Contact us today for a no-obligation consultation for any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email now to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can cover pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's employment history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. Evidence usually comes in the form internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing material. In many instances, these documents show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge the information to their employees or the general public.

Many states have set a time limitation, also known as a statute of limitations, to determine how long asbestos victims can bring a lawsuit. These time periods vary from state to state but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, the victims will lose their right to receive compensation.

The amount of compensation a victim can receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos victims can also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Some of these trusts have been depleted, but others continue to pay out large amounts of money. In 2018 the United States court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a 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, like the various ways to calculate damages and whether the condition was caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical expenses, lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand what to do during the trial procedure and will explain their legal rights in a courtroom with an open door. A qualified lawyer can also help to identify potential defendants. Asbestos cases can be more complex than car accident cases where it is typically simple to identify the responsible parties. This is particularly true when an individual was exposed to more than one kind of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to create an inventory of the companies, products and locations.

There is a growing concern that the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to fund future cases. Many claimants also believe that settlements don't reflect the actual damage and that they are entitled to a higher amount of compensation.

Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a determination of no exposure. However, these motions require an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma attorney can help speed up the process and make sure that it doesn't become part of the aforementioned long backlog of cases in courts.