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Asbestos Litigation

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

It is crucial for attorneys to know how to recognize asbestos-related products in every case. This can be done by talking to colleagues, collecting documents, 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 entitled to compensation. Compensation can cover lost wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related disease. You can choose to make a claim or offer an agreement to the defendants.

There are usually many defendants in a case involving asbestos because there are a variety of 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. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who were employers could be held liable for injuries to victims.

Asbestos suits are typically governed by the law of product liability that are based upon the common law and state laws which allow damages to be recouped from sellers of goods when they cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the injured party was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants typically claim that they did not do anything in a negligent way and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Furthermore, asbestos companies that concealed asbestos's risks to increase profits have been accused of covering up the issue by trying to thwart claims and trying to block workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to allocate responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment process does not affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims may also receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning it did not exercise reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to warn workers and consumers of the danger.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma could start an asbestos lawsuit. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life and suffering and pain. Additionally, asbestos the surviving family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

Once an asbestos case has been filed the parties communicate information through the process known as discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses be aware of the unique complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

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

If you have any questions regarding filing an asbestos lawsuit, please 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 nationwide. Call or email us today to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. This money is meant to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes when a verdict is handed down. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into the medical records of their clients, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it in an effective mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents, and the testimony of former employees who have been exposed to asbestos-containing materials. In many cases documents, they show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos law-related diseases, but did not divulge the information to their employees or the public.

Many states set time limitations, called statutes of limitations on the time an asbestos victim has to start a lawsuit. These time periods vary by state, but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma can be filed, victims will lose the right to receive compensation.

The amount of compensation that victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure patients have enough money to pay for their medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been depleted, but others continue to pay out large amounts of money. In 2018, a federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

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

In a court trial the plaintiffs must prove that they have the right to damages, including past and future medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can be long. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand what to do in the court procedure and will explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties involved, asbestos cases are more complicated. This is particularly true if an individual has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and asbestos workers, to build an inventory of products, employers and the locations.

The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. Some claimants also believe that settlements do not reflect actual injuries and they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment or a finding that there was not an exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the long backlog of cases in courts.