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Asbestos Litigation

In the courts across the nation asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage and disease.

It is important for an attorney to understand how to identify asbestos products in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you could be eligible for compensation. Compensation can be used to pay for lost wages, medical expenses and other expenses related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

In asbestos cases, there are generally multiple defendants as there are numerous mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted in an employer capacity could be held accountable for injuries sustained by victims.

Asbestos suits are typically governed by the law of product liability which are based on common and asbestos law state laws which allow damages to be recouped from the sellers of products if those products cause injury. In a product liability suit, it is alleged the injuries occurred due to faulty design or mismanufacture and that the victim was not adequately warned of the risks associated with the products.

In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products are linked to a range of illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up, and they attempted to deny claims and block workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge may determine how to divide the responsibility among them in a process called allocation. The apportionment process does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos can help victims receive compensation. This includes the costs of medical treatment for their illness, as well as lost earnings due to the inability to work. Victims may also receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to inform consumers and workers about the dangers.

A victim or the estates of those who have passed away from Asbestos Law-related illnesses such as mesothelioma can make an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life as well as suffering and pain. In addition, the surviving family members of someone who passed away from an asbestos-related illness can bring a wrongful death lawsuit.

Once an asbestos case is filed, the two sides share information through the process known as discovery. The process can last for several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

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 our clients.

Contact us for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated 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 country. Contact us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. This money is meant to help the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation may also cover suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that comes when a verdict is handed down. It is crucial to select a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into the medical records of their clients, work history, and Asbestos law asbestos exposure. They can help clients identify asbestos legal-producing firms that could be the cause of the disease. Lawyers are able to gather evidence and use it to create a mesothelioma case that is strong and successful.

During depositions and discovery prior to trial mesothelioma lawyers will find evidence of asbestos-related companies negligence. Evidence typically is found in internal memos, corporate documents and the testimony of former employees who been exposed to asbestos-containing materials. In many cases documents, they show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they did not communicate the information to their employees or to the general public.

A number of states have set a limit, referred to a statute of limitations for how long asbestos victims can make a claim. The durations vary by state, but typically vary between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, the victims will lose their right to receive compensation.

The amount of compensation that victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma or other asbestos-related illnesses.

Certain trusts have been depleted but others continue to pay out large awards. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and whether the patient's condition resulted from specific exposures.

In a trial the plaintiffs must prove that they are entitled to damages, such as past and future medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the past decade, jury awards for mesothelioma have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process and explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is generally easy to identify responsible parties. This is particularly true when the person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive list of companies as well as their products and locations.

There is a growing concern that the cost of resolving claims of asbestos victims from the past has a negative impact on funds which could be used to pay for future cases. Additionally, some claimants think that settlements aren't founded on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions require an in-depth examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.