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Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure has been shown to cause lung damage and lung disease by research.

It is crucial that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you may be qualified for compensation. Compensation can cover medical expenses, lost wages and other costs related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.

There are typically many defendants in an asbestos case due to the numerous mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or as employers may also be accountable for injuries sustained by victims.

Asbestos lawsuits are often categorized under the law of product liability that are based on state and common laws that permit damages to be recouped from the seller of a product when they cause injury. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

The defendants in asbestos cases typically argue that they didn't act recklessly and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various diseases. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury may determine how to divide the responsibility among them in a process known as apportionment. The apportionment of liability does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost of medical treatments for their condition as well as the loss of wages due to inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently and did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about the risk.

The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for financial and other damages like emotional distress, pain and suffering, and loss of enjoyment of the life of. In addition, the surviving family members of a person who died from an asbestos-related illness can make a claim for wrongful death.

Once an asbestos case has been filed and a settlement is reached, both sides share information in a process known as discovery. It can take several months, and may require extensive interviews with colleagues, relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.

Due to the complicated nature of asbestos litigation it is essential 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 of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is meant to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover suffering and pain.

Asbestos cases tend to settle instead of going to trial, as it is more cost-effective and easier for defendants to settle the matter in this manner. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is important to hire an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes from internal memos, corporate documentation and testimony of former employees who have been exposed to asbestos-containing materials. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their employees or the general public.

Many states have imposed a time limit, known as a statute of limitations, on how long asbestos-related victims can make a claim. These time periods vary by state, but generally vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to a fair settlement.

The amount of compensation that victims are entitled to is determined by the severity of their illness and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other costs when trying to make sure that patients receive enough funds to pay their medical bills. asbestos settlement victims can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Certain trusts are exhausted, but some continue to pay significant awards. For instance, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that are not resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition resulted from specific exposures.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical costs loss of wages, damages to property, asbestos litigation pain and discomfort, and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in an open courtroom. A qualified attorney can also assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially true if a person has been exposed to asbestos in multiple places and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of the companies, products and places.

The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. Some claimants also believe that settlements aren't just based on injuries that actually occurred and they deserve more compensation.

In asbestos cases, defendants can fight to have claims dismissed by summary judgment or a determination of no exposure. These motions require an exhaustive examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for Asbestos litigation mesothelioma can help accelerate the process and keep the case from becoming a backlog in the courts.