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Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proved that exposure to asbestos can cause lung damage as well as disease.

An attorney must be able identify asbestos in every case. This can be accomplished by chatting with colleagues in the office, collecting records, and analyzing samples from homes or work sites.

Liability

You could be eligible for compensation in the event that you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can make a claim or offer an agreement to the defendants.

There are usually 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. In addition, companies that offered services to mines or manufacturers that made use of asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be awarded against manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a flawed design, and that the victim was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often claim that they did not behave negligently and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products can lead to different diseases. Companies that concealed asbestos-related risks to increase profits were accused of cover-up. They tried to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products can 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 may also be eligible for punitive and compensatory damages.

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

A person who is a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma can make an asbestos lawsuit. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, including emotional distress as well as loss of enjoyment life as well as suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties exchange information through an process known as discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is important that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a victim, or their family, selects should be able to comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success to get the most compensation possible for our clients.

Contact us for a free consultation for any questions about filing a lawsuit involving 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 throughout the United States. Contact us via email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases usually settle rather than going to trial, because it is cheaper and easier for defendants to settle the matter this way. Settlements also help avoid negative publicity that can come when a verdict is handed down. It is essential to choose 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 clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it in an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their workers or the general public.

Many states have imposed a time limit, also known as a statute of limitations for how long asbestos victims can make a claim. These time periods vary by state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to be compensated.

The amount of money victims receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical expenses. Asbestos sufferers can also file claims using trust funds that were set up to compensate people who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been wiped out, 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 with mesothelioma due to working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by a particular exposure.

In a trial the plaintiffs must prove that they have the right to compensation, such as past and future medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos legal-related injuries. The trial process is typically lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation, where it is often easy to determine the responsible parties involved, asbestos cases are more complicated. This is particularly true when the victim was exposed to more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive database of the companies products, locations and other information.

The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to a higher amount of compensation.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. These motions, however, require an extensive examination of evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming part of the backlog in the courts.