Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the country. Research has proved that asbestos exposure can cause lung damage as well as disease.

An attorney must be able to identify asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as analysing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation may help pay for lost wages medical costs, and other costs associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or a settlement offer from the defendants in the case.

There are usually multiple defendants in a case involving asbestos because there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in a position of employer could also be held responsible for the injuries of victims.

Asbestos suits often fall under products liability laws that are based upon the laws of the state and common law which permit damages to be recouped from the sellers of products if they cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person injured was not adequately warned of the dangers associated with using the products.

In irvine asbestos lawsuit cases, defendants often claim that they did not do anything in a negligent manner and that their products are safe, despite the fact that doctors have long recognized maitland asbestos attorney-containing products can cause various illnesses. In addition, companies who concealed the risks of asbestos to increase profits have been accused of covering up the issue in attempting to block claims and trying to stop workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional suffering, loss of enjoyment of life as well as suffering and pain. Family members who have survived someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.

Once an asbestos-related case is filed, the parties share information through the process known as discovery. This can last several months and could require extensive interviews with colleagues, relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by insurance companies and defendants for its experience in these cases.

The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for clients.

If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Call or email us today to get started.

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 pay the victim and their family members for financial losses caused by asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complex and lawyers must do extensive research on their clients' medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that stone Park asbestos attorney-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge this information to their workers or the general public.

Many states set time limits which are known as statutes of limitation which determine how long asbestos victims have to make a claim. The length of time varies by state, but typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to be compensated.

The amount patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been closed, but others continue paying out substantial prizes. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a trial the plaintiffs must prove that they are entitled to damages, including past and future medical expenses as well as loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the last 10 years mesothelioma jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and stone Park asbestos attorney can explain their legal right in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is often simple to identify the responsible parties. This is especially true when someone has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an exhaustive list of companies as well as the locations of their products and.

The expense of settling asbestos claims eats up funds which could have been used to fund future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and deserve more in compensation.

The defendants in asbestos cases may fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. However these motions require a thorough review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can assist to speed up the process and ensure that it doesn't become part of the long backlog of cases in the courts.