Asbestos Attorney: A Simple Definition

Asbestos Litigation

In courts all over the country, asbestos litigation has been a major problem. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney must be able to identify asbestos in each case. This can be done by chatting with colleagues, obtaining records, and taking samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.

In asbestos cases, there are typically several defendants since there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or acted in the capacity of an employer could be held accountable for injuries suffered by victims.

Asbestos suits are typically governed by the law of product liability, which are based on the common law and state laws that allow for damages to be recouped from sellers of goods when they cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. In addition, companies who concealed asbestos's dangers to increase profits have been accused of covering up the issue by trying to thwart claims and by trying to block workers from seeking financial compensation for their injuries.

If more than one defendant is found to be liable for the asbestos-related injuries sustained 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 allocation. The apportionment process does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a business that produced or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment for their disease as well as the loss of wages due to inability to work. Victims can also be awarded punitive and compensatory damages.

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

A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma could file an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for financial and other damages, such as emotional distress, pain and suffering, and loss of enjoyment the life. Family members who have survived those who have died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case is filed, the parties exchange information via the process known as discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the unique complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its expertise in asbestos cases.

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining the highest compensation for our clients.

Contact us for a complimentary consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that could be associated from a trial verdict. It is crucial to find mesothelioma attorneys who have expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. Evidence usually comes from internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their employees or the public.

A number of states have time limits known as statutes of limitations that define how long asbestos victims have to start a lawsuit. These deadlines vary from state to state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.

The amount patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts are depleted, asbestos case but some continue to pay substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the victim's condition resulted from specific exposures.

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

A mesothelioma lawyer can help patients understand how to proceed through the trial process and explain their legal rights in an open courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is often easy to identify the responsible parties. This is especially the case when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, or abatement workers to compile an inventory of products, employers, and places.

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

Defense attorneys can argue to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However they must be able to provide a thorough review of the evidence and an expert's view that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma attorney can help accelerate the process and avoid the case from becoming a backlog in the courts.