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Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the nation. Research has shown 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 speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be eligible for compensation. Compensation may help pay for lost wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can choose to file a lawsuit or offer an agreement to the defendants.

There are usually several defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in the capacity of an employer could also be liable for the injuries of victims.

asbestos claim suits are typically governed by products liability laws that are based upon state and common laws that allow for damages to be recovered from sellers of goods when the products cause injury. In a product liability suit it is claimed that the injuries resulted from defective design or manufacturing and that the injured person was not adequately warned about the dangers associated with products.

In asbestos cases, defendants typically claim that they did not do anything in a negligent manner and that their products are safe, even though doctors have long recognized asbestos-containing products can cause various diseases. Moreover, companies that hid asbestos's risks to increase profits have been accused of concealing the truth in attempting to block claims and trying to stop workers from seeking the financial compensation they deserve for their injuries.

A judge or jury can decide how to divide the burden of responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This is known 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 against a company that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable precautions to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim or the estate of a person who passed away from an asbestos-related condition such as mesothelioma. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional distress and suffering, loss of enjoyment life, and suffering and pain. In addition, the surviving family of someone who died from an asbestos-related illness can pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed, both sides share information in a process called discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer handling their case. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its experience in these cases.

The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized as a firm that can secure the maximum amount of compensation to our clients.

Contact us for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to get started.

Settlements

When asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial, because it is easier and cheaper for defendants to settle the matter this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is crucial to find an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos claim-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

During pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states set time limits which are known as statutes of limitation on the time an asbestos victim has to start a lawsuit. The time frames vary between states, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to be compensated.

The amount of money victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have dwindled, however others continue to pay out large prizes. 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 manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and whether the condition was caused by exposures specific to the victim.

In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical costs, lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial 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. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma attorney is able to interview witnesses such as co-workers and relatives, abatement workers and suppliers to create a detailed 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 consuming funds that could be used to pay for future cases. Furthermore, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation.

The defendants in asbestos cases may contest claims to dismiss them through the process of summary judgment or by a finding of no exposure. However, these motions require a thorough review of the evidence and an expert's view that the measured doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a backlog in the courts.