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Asbestos Litigation

In the courts across the nation asbestos litigation is a huge issue. Research has shown that asbestos exposure can cause lung damage and cause disease.

It is vital for attorneys to know how to identify asbestos products in each case. This can be done through discussing with 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 qualified for compensation. Compensation may help pay for lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

There are typically multiple defendants in an asbestos case because there are many mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that allow damages to be awarded against producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the person who suffered injury was not properly warned of the dangers associated with using the products.

Defendants in asbestos cases often argue that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to various diseases. Companies that hid asbestos risks to make profits were accused of a cover-up, and they attempted to block claims and keep workers from claiming an amount of compensation for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries, a judge or jury may determine how to divide the responsibility among the defendants in a process referred to as allocation. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatments for asbestos case their illness and the loss of wages because of being unable to work. Victims may also receive punitive and compensatory damages.

The lawsuit claims that the defendant was negligent, meaning 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 asbestos was a risk and failed to inform consumers and workers of the danger.

An asbestos lawsuit could be filed by a victim or estate of a person who passed away from an asbestos-related illness such as mesothelioma. A person can make a claim for personal injury in order to obtain compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment the life of. The surviving family members of someone who died due to an asbestos-related condition can make a claim for wrongful death.

Once an asbestos case is filed, the two parties exchange information via the process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm a victim or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

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

Contact us for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. 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 nationwide. Contact us by email or phone today to begin.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. This money is meant to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases usually settle instead of going to trial, as it is less expensive and easier for defendant companies to settle the case in this way. Settlements also prevent negative publicity that can come with a verdict at trial. It is essential to choose a mesothelioma lawyer who has experience in obtaining maximum 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 assist clients in identifying asbestos-producing businesses that could be the cause of the disease. The lawyers can then collect evidence to use in a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing products. These documents often show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their employees or the general public.

A number of states have set a limitation, also known as a statute of limitations for how long asbestos-related victims can bring a lawsuit. The length of time varies from state-to-state, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, the victim will lose their right to receive compensation.

The amount of money victims can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts have been closed, but others continue to pay substantial prizes. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that aren't resolved through settlement negotiations, such as the various ways to calculate damages and if the victim's condition was caused by specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled to damages including past and future medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the past decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and Asbestos Case can explain their legal rights in a courtroom open to the public. An experienced attorney can assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to determine the responsible parties involved, asbestos cases can be more complicated. This is particularly true if someone has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and asbestos workers, to build an inventory of employers, products and places.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past can drain funds that could be used to fund future cases. In addition, some claimants believe that settlements should be founded on actual injuries and should be compensated more.

Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a conclusion of no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help accelerate the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.