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Asbestos Litigation

In courts all over the country, asbestos litigation has been a major problem. Research has proved that exposure to asbestos compensation can cause lung damage and illness.

It is important for an attorney to know how to spot asbestos products in each case. This can be done through speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be entitled to compensation. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related disease. You can either bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically many defendants in an asbestos-related case because there are many mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted as employers could also be held responsible for the injuries of victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on state and common laws that allow damages to be sought against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a flawed design, and that the person who suffered injury was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge may determine how to divide the blame between them in a process known as apportionment. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit claims that the defendant acted negligently in that it failed to exercise reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of the danger.

A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life and suffering and pain. In addition, the survivor family of someone who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed and the parties communicate information through a process known as discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complexity of asbestos litigation, it is essential that plaintiffs get an experienced lawyer handling their case. The law firm a victim or their family selects should be aware of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its expertise in these cases.

LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases usually settle instead of going to trial because it is less expensive and easier for defendants to settle the matter in this manner. Settlements can also prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to select an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically is found in internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their employees or the general public.

A number of states have set a time limitation, also known as a statute of limitations for the length of time asbestos victims can file a lawsuit. The length of time varies from state-to-state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to be compensated.

The amount victims receive will depend on the diagnosis of their asbestos-related disease and how severe their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough money to cover medical expenses. Asbestos victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma, asbestos-related illnesses.

Some trusts are empty, while others continue to pay out large amounts of money. In 2018, for instance, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses and lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. In the last decade mesothelioma jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand how to proceed in the court process and also explain their rights under the law in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is often easy to identify the responsible parties. This is especially true if someone was exposed more than one kind of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and asbestos workers, to build a database of products, employers and locations.

The cost of resolving asbestos claims eats away funds that could have been used to fund future cases. Some claimants also believe that settlements aren't founded on actual injuries and they deserve more compensation.

Plaintiffs in asbestos cases can argue for dismissal of claims through summary judgment or a finding of no exposure. These motions require a thorough examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming part of the backlog in the courts.