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Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung damage and lung disease through research.

An attorney should be able to identify asbestos in every case. This can be done by speaking with colleagues collecting records, or asbestos claim studying samples from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation may help pay for lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related disease. You can start a lawsuit or offer a settlement to the defendants.

In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers who used asbestos, or who were employers could be held accountable for injuries to victims.

Asbestos lawsuits are often categorized under the law of product liability, which are based on the laws of the state and common law which permit damages to be recovered from sellers of products when they cause injuries. In a product liability lawsuit, it is alleged the injuries occurred due to the design defect or manufacturing error and that the person who was injured was not adequately warned about the risks associated with 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 can lead to a myriad of illnesses. Companies that hid asbestos risks to boost profits were accused of cover-up, and they attempted to block claims and keep workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for the victim's asbestos-related injuries, a jury or judge can decide how to divide the burden of responsibility among them in a process called allocation. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.

An asbestos lawsuit could be filed by a victim, or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. A person may start a lawsuit claiming personal injury to claim compensation for other and economic damages, such as emotional distress and pain and suffering and loss of enjoyment of the life. The surviving family members of those who have died due to an asbestos-related condition can make a claim for wrongful death.

When an asbestos-related case is filed and the parties exchange information during the process known as discovery. It can take several months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants and asbestos claim-related products.

It is essential for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the complexities unique to asbestos litigation, and be acknowledged by defendants and insurance companies 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 well-known for our expertise to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation for any questions about filing a lawsuit against 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 across the nation. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on their client's medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes from internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have set a time limit, known as a statute of limitations for how long asbestos-related victims can bring a lawsuit. The time frames vary between states, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to be compensated.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive as well as how serious their condition is, and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to cover their medical bills. Asbestos victims may also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been exhausted, but others continue to award huge amounts of money. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.

In a trial, plaintiffs must show that they are entitled to compensation, such as past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, Asbestos claim the defendant has to prove that it is liable for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal rights in an open courtroom. A qualified attorney can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an exhaustive database of employers, products and locations.

The expense of settling asbestos claims eats away funds that could be used to pay for future cases. In addition, some claimants believe that settlements aren't basing on actual injuries and they deserve more compensation.

The defendants can seek to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. These motions, however, require an extensive examination of evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to speed up the process and make sure that it doesn't become part of the long backlog of cases in courts.