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Asbestos Litigation

In the courts across the country, asbestos litigation has been a major issue. Research has proven that Asbestos claim exposure can cause lung damage and illness.

An attorney must be able identify asbestos in each case. This can be done through talking to colleagues, collecting reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case.

There are typically several defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos case-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in an employer capacity could also be liable for the injuries of victims.

Asbestos suits typically fall under products liability laws, which are based on the laws of the state and common law that permit damages to be recouped from the seller of a product when they cause injury. In a lawsuit involving product liability it is claimed that injuries were caused by faulty design or mismanufacture and that the person who was injured was not adequately warned of the risks associated with the products.

Defendants in asbestos claim cases often claim that they did not do anything in a negligent manner and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can lead to various diseases. Companies that concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the victim's asbestos-related injuries the judge or jury could decide on how to divide the responsibility between the defendants in a process referred to as allocation. The apportionment does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment for their illness and the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk.

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

When an asbestos-related case is filed the parties share information in the process known as discovery. This process can last for a long time and could require extensive interviews with colleagues and relatives, abatement workers and others to discover potential defendants as well as their asbestos-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 should be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for clients.

Contact us for a no-obligation consultation should you have any questions about bringing a lawsuit against asbestos. We are dedicated 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 country. Contact us now to begin.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can 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 settle the case in this way. Settlements also avoid negative publicity that comes with a trial verdict. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive investigations into the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form internal memos, corporate documents, and Asbestos claim testimony of former employees who have been exposed to asbestos-containing materials. In many instances the documents prove that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or the public.

Many states have imposed a time limit, known as a statute of limitations, on how long asbestos-related victims can sue. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount of compensation a victim receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients have enough funds for their medical bills. Asbestos-related victims may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts are exhausted, but others continue to award substantial awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured 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 resolve issues that are not resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they have the right to damages, asbestos Claim which include future and past medical expenses and lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial can be long. In the past decade mesothelioma jury awards cases have increased dramatically and far exceeded the amount of money awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is generally easy to identify the parties responsible. This is especially true when someone was exposed more than one type of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create an exhaustive list of companies as well as their products and locations.

The expense of settling asbestos legal claims eats away funds which could have been used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the long queue of cases that are awaiting the courts.