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Asbestos Litigation

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

It is crucial that attorneys know how to identify asbestos products in each case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

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

In asbestos cases, there are generally multiple defendants as there are many mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits are often categorized under the law of product liability which are based on the laws of the state and common law that permit damages to be recouped from sellers of products when they cause injury. In a product liability lawsuit it is claimed that the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately warned about the dangers of the products.

The defendants in asbestos cases typically claim that they did not behave in a negligent way and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to various illnesses. Additionally, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue in attempting to block claims and by trying to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to allocate the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This is known as the apportionment. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos could help victims recover compensation. This includes the cost for asbestos lawsuit medical treatment and lost wages because of being unable their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk.

An asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related disease like mesothelioma. An individual can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life, and pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related disease may file a wrongful death lawsuit.

After an asbestos lawsuit is filed, both sides communicate information through the process known as discovery. This may take a few months and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family chooses be aware of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to get the most compensation possible for our clients.

Contact us for a free consultation If you have any concerns about filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and 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 may cover pain and suffering.

Asbestos cases are often settled rather than go to trial, as it is more cost-effective and easier for defendants to settle the matter in this manner. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research on the history of their clients' employment, medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the condition. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos law companies' negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically 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.

Many states set time limitations known as statutes of limitations that define how long an asbestos victim must file a lawsuit. The time frames vary from state to state, but generally vary from one to two years. If the statute of limitation expires before a suit for mesothelioma is filed the victims will lose their right to compensation.

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

Certain trusts have been closed, but others continue to pay substantial awards. In 2018, for instance the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, such as the various ways to calculate damages and whether the patient's condition resulted from specific exposures.

In a trial the plaintiffs have to prove that they have the right to damages, which include future and past medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true when a person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and asbestos workers, to build an inventory of products, employers and the locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past can drain funds which could be used to fund future cases. In addition, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation.

Defendants can fight to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.