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Asbestos Litigation

A large portion of asbestos-related cases have been handled in courts across the country. Research has shown that exposure to asbestos can cause lung damage and illness.

An attorney must be able to recognize asbestos in every case. This can be accomplished by talking to co-workers, getting documents, or by analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can pay for medical expenses, lost wages and other costs related to mesothelioma. You can file a lawsuit to seek compensation or a settlement offer from the defendants in the case.

In asbestos cases, there are typically multiple defendants as there are a variety of mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for injuries suffered by victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is built on state and common laws that permit damages to be awarded against the sellers of products when those products cause injuries. In a product liability lawsuit where the injuries resulted from faulty design or mismanufacture and that the injured person was not adequately warned about the dangers associated with products.

The defendants in asbestos cases typically claim that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. In addition, companies who concealed asbestos’s risks to boost profits have been accused of attempting to cover up by trying to thwart claims and trying to stop workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for asbestos-related injuries suffered 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 of liability will not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently, which means that it failed to take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related illness such as mesothelioma. A person can file a lawsuit for personal injury to claim compensation for damages arising from economic or other causes, such as emotional distress or pain and suffering and loss of enjoyment the life. The surviving family members of someone who has died from an Asbestos Attorney-related illness can also pursue a wrongful-death lawsuit.

After an asbestos case is filed and a settlement is reached, both sides exchange information in the process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that the victim or their family chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to obtain the maximum amount of compensation for our clients.

Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases tend to settle rather than go to trial, as it is cheaper and easier for defendant companies to settle the matter this way. Settlements also avoid negative publicity that could be associated when a verdict is handed down. It is crucial to find an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive investigations into their client’s employment history as well as medical records and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically is found in internal memos, corporate documentation and statements of former employees who worked with asbestos-containing material. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases however, they didn’t tell their employees or the general public.

A number of states have time limits also known as statutes or limitations, on how long an asbestos victim has to bring a lawsuit. The durations vary by state, but generally vary from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.

The amount of compensation victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure patients have enough money to pay their medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos legal-related ailments.

Certain trusts have dwindled, however others continue to pay substantial payouts. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the victim’s condition was caused by a specific exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last decade mesothelioma jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is often simple to identify the responsible parties. This is particularly true if an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to create an extensive database of employers, products and locations.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. Many claimants also believe that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However they must be able to provide a thorough review of the evidence and an expert’s opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a backlog in the courts.