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Asbestos Litigation

A substantial amount of asbestos litigation has been handled by courts across the nation. Research has shown that asbestos exposure can cause lung damage and disease.

An attorney must be able recognize asbestos in each case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can cover lost wages, medical costs and other costs associated with mesothelioma. You can choose to bring a lawsuit, or offer an agreement to the defendants.

There are usually multiple defendants in an asbestos case because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos suits often fall under the law of product liability which are based on the common law and state laws which allow damages to be recouped from the seller of a product when they cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the person injured was not adequately warned of the dangers associated with using the products.

Defendants in asbestos cases often argue that they did not act negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up. They tried to deny claims and block workers from claiming an amount of compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the burden of responsibility among them in a process called allocation. The apportionment does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the costs of medical treatment for their illness as well as the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the dangers.

An asbestos lawyer lawsuit could be filed by a victim or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person may make a claim for personal injury to seek compensation for damages arising from economic or other causes that include emotional distress, pain and suffering, and loss of enjoyment the life. Family members who are survivors of someone who has passed away due to an asbestos-related disease can make a claim for wrongful death.

Once an asbestos case is initiated, the parties exchange information via the process of discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers and others to determine 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 chooses be aware of the unique complexities of asbestos settlement litigation and be acknowledged by insurance companies and defendants for its experience in these cases.

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

Contact us for a free consultation for any questions about bringing a lawsuit against 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. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. The money is intended to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also cover the pain and asbestos case suffering.

Asbestos cases tend to settle instead of going to trial because it is less expensive and easier for defendant companies to resolve the case this way. Settlements also avoid negative publicity that comes with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes from internal memos, corporate documents, and statements of former employees who have been exposed to asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not disclose the information to their employees or the general public.

Many states set time limitations known as statutes of limitations on the time an asbestos victim must make a claim. The length of time varies by state, but usually vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to be compensated.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with and how severe their condition is, and other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos sufferers may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay out large payouts. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether the condition of a victim is caused by an exposure.

In a trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses, lost wages, property damages or loss of enjoyment, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial can take a long time. In the last decade mesothelioma cases, jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when the victim was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a comprehensive list of companies products, locations and other information.

There is growing concern that the cost of resolving claims from past asbestos victims is consuming funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. However these motions require an extensive review of evidence and an expert opinion that the doses measured of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and prevent the case from becoming a backlog in the courts.