Asbestos Attorney: A Simple Definition

Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the nation. Asbestos exposure has been shown to cause lung damage and lung disease by research.

An attorney must be able to identify asbestos in each case. This can be accomplished by talking to co-workers, getting reports, or looking at samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a condition related to asbestos. Compensation can help with lost wages, medical expenses and other costs that are associated with mesothelioma or an asbestos-related disease. You may choose to make a claim or offer an agreement to the defendants.

There are typically many defendants in an asbestos case because there are a variety of mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers who used asbestos or acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a product liability suit it is claimed that injuries were caused due to an ineffective design or fabrication, and that the victim was not adequately informed about the dangers associated with products.

Defendants in asbestos cases often argue that they didn't act recklessly and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can cause different diseases. Companies that hid asbestos risks to make profits were accused of a cover-up. They tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury may determine how to divide the burden of responsibility among them in a process called allocation. The apportionment of liability does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products can aid victims in recovering 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 alleges that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to warn consumers and workers of the danger.

A person who is a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma can file an asbestos lawsuit. A person may bring a lawsuit 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. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit.

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

It is crucial for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm a victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Call or email us today to get started.

Settlements

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

Asbestos cases are often settled rather than going to trial, because it is easier and cheaper for defendant companies to resolve the matter in this manner. Settlements can also avoid the negative publicity that is associated with a verdict at trial. It is essential to choose mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the illness. Lawyers can then collect evidence and use it to build a solid mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their workers or Asbestos case the general public.

A number of states have set a time limit, referred to a statute of limitations, to determine how long asbestos victims are allowed to sue. The time frames vary between states, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount of money victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims might also be able to file claims through trust funds established for patients diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been depleted but others continue paying out substantial awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is due to a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help patients understand how to proceed through the trial procedure and will explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the parties involved, asbestos cases can be more complex. This is especially the case when someone was exposed more than one type of asbestos in multiple places. An experienced mesothelioma attorney can interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile an extensive list of companies, products and locations.

The cost of resolving asbestos claims eats away funds that could be used to pay future cases. Many claimants also believe that settlements do not reflect the actual damage and that they should be compensated more.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a conclusion of no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can assist to accelerate the case and ensure that it does not become part of the long queue of cases that are awaiting the courts.