Forget Asbestos Attorney: 10 Reasons Why You Don't Have It

Asbestos Litigation

In courts all over the nation asbestos litigation has been a major issue. Studies have proven that asbestos exposure can cause lung damage as well as disease.

An attorney should be able identify asbestos in every case. This can be accomplished by speaking with colleagues, obtaining records, asbestos lawsuit and analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages, medical expenses and other expenses associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that produce asbestos lawsuit and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in an employer capacity may also be accountable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that allow damages to be sought against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the victim was not properly warned of the dangers that could result from using the products.

Defendants in asbestos cases often claim that they did not do anything in a negligent manner and that their products were safe, even though doctors have long recognized asbestos-containing products can lead to different diseases. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of attempting to cover up by attempting to suppress claims and by trying to stop workers from seeking financial compensation for their injuries.

A jury or judge may decide on how to split responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as apportionment. The apportionment process does not affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatments for their condition and the loss of wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently and did not exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to provide warnings to 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 person who died due to an asbestos-related illness, like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivor family members of someone who passed away due to an asbestos-related illness may pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, the two sides share information through an process known as discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

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

The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to secure the highest amount of compensation for our clients.

Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the nation. Contact us via phone or email today to begin.

Settlements

When asbestos attorney victims win their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases usually settle rather than going to trial, as it is easier and cheaper for the defendant company to settle the matter this way. Settlements also avoid negative publicity that can come from a trial verdict. It is crucial to select a mesothelioma lawyer who has expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into the history of their clients' employment, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses however, they didn't tell their employees or the general public.

There are many states that set time limits, called statutes of limitations, on how long asbestos victims have to file a lawsuit. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed victims will lose their right to compensation.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive and how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure patients have enough money to pay their medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts are depleted, asbestos Lawsuit but some continue to pay huge amounts of money. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.

In a court of law, plaintiffs need to prove they are entitled to damages, including future and past medical costs loss of wages, damages to property as well as discomfort and pain and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the last decade mesothelioma juries' awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases can be more complicated. This is particularly true when an individual was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as family members, coworkers and abatement workers to compile a database of employers, products and locations.

There is growing concern that the cost of resolving claims from past asbestos victims is draining funds that could be used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.

The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma attorney can help accelerate the process and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.