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Asbestos Litigation

A significant amount of asbestos litigation has been dealt with in courts across the nation. Research has shown that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able to identify asbestos in every case. This can be done by speaking with colleagues, obtaining records, and taking samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can cover lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related illness. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are usually multiple defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos or who acted as employers could be held accountable for injuries to victims.

Asbestos suits typically fall under laws governing product liability, which are based on common and state laws that permit damages to be recovered from the sellers of products if those products cause injury. In a lawsuit involving product liability it is claimed that the injuries were caused by defective design or manufacturing and that the person injured was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants often claim that they did not do anything in a negligent manner and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various diseases. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of covering up the issue by attempting to suppress claims and trying to stop workers from seeking compensation for their injuries.

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

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the costs of medical treatment for their condition and the loss of earnings due to the inability to work. Victims may also receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about the dangers.

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 start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional stress and suffering, loss of enjoyment life and pain and suffering. Additionally, the surviving family of someone who died due to an asbestos-related illness may file a wrongful death lawsuit.

Once an asbestos case has been filed and the parties share information in a process called discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is essential for plaintiffs to have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill in obtaining maximum compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. 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 across the nation. Contact us by phone or email now to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is crucial to select an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research on their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing material. These documents often show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their employees or the general public.

A number of states have time limits known as statutes of limitations, on how long an asbestos victim must start a lawsuit. The time frames vary from state to state, but typically vary from one to two years. If the statute of limitation expires before a case for mesothelioma is filed, the victim will lose their right to compensation.

The amount of money victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay their medical bills. Asbestos-related victims may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been depleted but others continue to pay substantial awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of 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 the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that are not resolved through settlement negotiations, for instance the different methods of calculating damages and whether the patient's condition was caused by specific exposures.

In a trial plaintiffs must demonstrate that they have the right to damages, such as future and past medical expenses as well as loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial process is often lengthy. Over the past 10 years mesothelioma jury awards cases have increased significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma lawyer can assist 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 licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is often easy to identify the parties responsible. This is particularly true if a person has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and asbestos workers, to build an inventory of companies, products and the locations.

The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that plaintiffs received were not sufficient 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.