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Asbestos Litigation

In the courts across the nation asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung diseases and damage by research.

An attorney should be able to identify asbestos in every case. This can be done by speaking to colleagues, obtaining records, or analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation can pay for lost wages, medical expenses and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.

There are typically several defendants in an asbestos case because there are many mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for injuries to victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against producers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not properly warned of the dangers associated with using the products.

Defendants in asbestos lawyer cases often argue that they did not act negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various illnesses. Companies that hid asbestos risks to boost profits were accused of cover-up. They tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury may determine how to divide the blame between the defendants in a process referred to as allocation. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

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

The lawsuit claims that the defendant acted negligently, meaning it did not take reasonable care to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about this risk.

An asbestos lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional suffering as well as loss of enjoyment life as well as pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos case is filed, the parties share information through an process known as discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer to handle their case. The law firm the victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

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

If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them to dangerous substances. The money is intended to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are often settled rather than go to trial because it is cheaper and easier for defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that is associated when a jury verdict is handed down. It is crucial to select an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing products. In many cases, these documents show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their employees or to the public.

Many states have set a limit, known as a statute of limitations, on how long asbestos victims can make a claim. The durations vary by state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to compensation.

The amount of compensation a victim receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive 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 who have been diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts have been closed, while others continue to award large amounts of money. In 2018, a federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical costs and lost wages, damages to property as well as pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed in the court process and can explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when a person was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers or relatives, abatement workers and suppliers to create a comprehensive database of the companies products, locations and other information.

There is a growing concern that the expense of settling claims from past asbestos victims is draining funds which could be used to pay for future cases. In addition, some claimants believe that settlements are not based on actual injuries and deserve more in compensation.

Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a conclusion of no exposure. These motions need a thorough examination of the evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming a part of the backlog in the courts.