A. The Most Common Asbestos Attorney Debate Doesn't Have To Be As…

Asbestos Litigation

A large amount of asbestos cases have been handled in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage by research.

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

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can help with lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or make an offer of settlement from the defendants in the case.

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

Asbestos lawsuits are often categorized under laws governing product liability that are based upon the common law and state laws that allow for damages to be recouped from the seller of a product when the products cause injury. In a product liability suit, it is alleged the injuries occurred due to defective design or manufacturing and that the person who was injured wasn't adequately warned about the dangers associated with the products.

The defendants in asbestos cases typically argue that they did not behave in a negligent way and that their products were safe, even though doctors have long recognized that asbestos-containing products is linked to various illnesses. Moreover, companies that hid asbestos's dangers to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to block workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment doesn't alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost of medical treatments for their illness, as well as lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning 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 consumers and workers of this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who passed away from an asbestos-related disease like mesothelioma. A person may bring a lawsuit for personal injury to seek compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment the life. In addition, the survivor family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit.

After an asbestos case has been initiated, the parties exchange information in the process known as discovery. This process can last for a long time, and may require extensive interviews with co-workers, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is essential that plaintiffs have an experienced lawyer handling their case. The law firm that a victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed to fighting for asbestos case justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us today to get started.

Settlements

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

Asbestos cases are often settled rather than going to trial, as it is easier and cheaper for defendant companies to resolve the case in this way. Settlements also help avoid negative publicity that comes with a verdict at trial. It is important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on their clients' medical records, work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can gather evidence and use it to build a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing products. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases but did not divulge this information to their workers or to the public.

Many states set time limits, called statutes of limitations which determine how long an asbestos victim must start a lawsuit. These deadlines vary from state-to-state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.

The amount of compensation that victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds to pay for asbestos case medical expenses. Asbestos victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts have been closed, but others continue to pay substantial payouts. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and if the victim's condition was caused by exposures specific to the victim.

In a trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses as well as loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The process of trial is usually long. In the past decade, jury awards in mesothelioma cases have increased dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos cases are more complex than car accident cases where it is typically easy to identify responsible parties. This is particularly true when an individual has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses such as co-workers, relatives, abatement workers and suppliers to create an extensive list of companies, products and locations.

There is a growing concern that the cost of resolving claims from past asbestos victims is consuming funds which could be used to pay for future cases. Some claimants also believe that settlements should be just based on injuries that actually occurred and should be compensated more.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a conclusion of no exposure. However these motions require an extensive review of evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in courts.