5 Laws That'll Help The Asbestos Attorney Industry

Asbestos Litigation

A large amount of asbestos-related cases have been handled in courts across the nation. Asbestos exposure has been proved to cause lung diseases and damage through research.

An attorney should be able identify asbestos in every case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be entitled to compensation. Compensation may cover lost wages, medical expenses and other expenses related to mesothelioma. You can either file a lawsuit or offer a settlement to the defendants.

There are typically many defendants in an asbestos case due to the numerous mining companies who produced asbestos and the manufacturers of 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 made use of asbestos or acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits typically fall under the law of product liability that are based on the common law and Asbestos Lawsuit state laws which allow damages to be recovered from the seller of a product when they cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a design defect 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 did not do anything recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of attempting to cover up in attempting to block claims and trying to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury can decide how to divide the blame between them in a process known as allocation. The apportionment of liability will not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

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

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

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life, and pain and suffering. In addition, the survivors of a family members of someone who passed away from an asbestos-related illness can bring a wrongful death lawsuit.

Once an asbestos-related case is filed, the parties exchange information via a process called discovery. This can last several months and may involve extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants as well as their asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that the 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 expertise.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to get the maximum amount of compensation for our clients.

Contact us for a complimentary consultation should you have any questions 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 in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases usually settle rather than go to trial, as it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements also can help prevent the negative publicity that is associated with a verdict at trial. It is essential to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research into their clients' medical records, work history, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can then collect evidence and use it in the preparation of a strong mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos companies negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases however, they did not communicate the information to their employees or the general public.

Many states set time limits known as statutes of limitations, on how long asbestos victims have to make a claim. These time periods vary by state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to a fair settlement.

The amount of money that victims can receive depends on the asbestos-related diagnosis they receive, how severe their condition is, and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to cover their medical expenses. Asbestos-related victims may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma and other asbestos law-related illnesses.

Some trusts are exhausted, but others continue to award large amounts of money. In 2018 the federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from 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 solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the possibility that a patient's condition was caused by an exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical expenses, lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the parties, asbestos cases can be more complex. This is especially true if someone was exposed more than one type of asbestos in various locations. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of products, employers and places.

There is a growing concern the expense of settling claims from asbestos victims in the past is consuming funds which could be used to fund future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they deserve more compensation.

Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the doses measured of asbestos that plaintiffs received were insufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can assist to speed up the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.