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Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung disease and damage by research.

It is important that attorneys know how to spot asbestos products in every case. This can be done by speaking with colleagues in the office, collecting records, and studying samples from home or work sites.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a disease related to asbestos. Compensation may cover medical expenses, lost wages and other expenses related to mesothelioma. You can file a lawsuit or offer an agreement to the defendants.

There are typically many defendants in an asbestos case 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-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or as employers may also be accountable for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law 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's claimed that the injuries were caused by manufacturing errors or defective design and that the injured party was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained.

A jury or asbestos claim judge can decide on how to split responsibility between defendants if more than one defendant is found responsible for an asbestos legal-related injury. This process is known as the apportionment. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit against a business that made or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims may also receive compensatory and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.

An Asbestos Claim-related lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person may make a personal injury claim to seek compensation for economic and non-economic damages, including emotional stress as well as loss of enjoyment life and pain and suffering. In addition, the survivor family of someone who died from an asbestos-related disease can bring a wrongful death lawsuit.

After an asbestos case is filed and the parties exchange information during a process known as discovery. This process can last for a long time and may involve extensive interviews with co-workers, relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products.

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

The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is intended to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos cases usually settle rather than going to trial, as it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers can gather evidence and use it in the preparation of an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances, these documents show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases however, they did not communicate this information to their workers or the general public.

Many states have set a limit, known as a statute of limitations, for the length of time asbestos victims can make a claim. The length of time varies between states, but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to be compensated.

The amount of compensation a victim are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. asbestos compensation-related victims may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been depleted but others continue paying out substantial awards. In 2018 the federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos compensation victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and whether the condition of a victim is due to a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical expenses and lost wages, damages to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos claim-related injury. The process of trial can be lengthy. In the last decade mesothelioma jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. asbestos legal cases are more complicated than car accident litigation where it is usually easy to identify responsible parties. This is particularly true when a person has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers to compile a database of employers, products and places.

There is a growing concern the cost of settling claims from past asbestos victims has a negative impact on funds which could be used to fund future cases. Additionally, some claimants believe that settlements should be just based on injuries that actually occurred and deserve more in compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming a part of the backlog in the courts.