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Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and illness.

It is vital for attorneys to know how to spot asbestos products in every case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you love is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can either make a claim or offer an agreement to the defendants.

There are usually multiple defendants in an asbestos-related case due to the numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in the capacity of an employer could be held accountable for the injuries of victims.

Asbestos suits often fall under products liability laws, which are based on state and common laws which permit damages to be recovered from the seller of a product when the products cause injury. In a suit for product liability where the injuries occurred due to faulty design or mismanufacture and that the person who was injured wasn't adequately warned about the dangers associated with the products.

Defendants in asbestos cases often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to various diseases. Companies that hid asbestos dangers to increase profits were accused of a cover-up. They tried to block claims and keep workers from seeking an amount of compensation for their injuries.

A jury or judge may decide how to distribute the burden of responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is called allocation. The apportionment of liability does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury to claim compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

After an asbestos case is filed, both sides exchange information in the process of discovery. This process can last for a long time and could require extensive interviews with colleagues and relatives, abatement workers, and others to identify possible defendants and their asbestos-related products.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer to handle their case. The law firm a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for clients.

If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed 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 throughout the United States. Contact us by email or phone now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are often settled rather than go to trial, as it is cheaper and easier for defendant companies to resolve the matter this way. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into the history of their clients' employment, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases however, they did not communicate the information to their employees or the public.

There are many states that set time limits which are known as statutes of limitation, on how long an asbestos victim can bring a lawsuit. The durations vary by state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to be compensated.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, as well as other factors. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough funds for their medical bills. Asbestos victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some of these trusts have been closed, but others continue paying out substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the condition resulted from specific exposures.

In a court trial, plaintiffs must show that they have the right to compensation, such as future and past medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and can explain their rights under the law in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is usually simple to identify the responsible parties. This is especially true if someone has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create an extensive database of the companies, products and locations.

There is growing concern that the cost of settling claims of asbestos victims from the past is draining funds which could be used to pay for future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and they deserve 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 opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the long backlog of cases in the courts.