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Asbestos Litigation

A significant amount of asbestos-related litigation has been handled in courts across the country. Studies have proven that asbestos compensation exposure can cause lung damage as well as disease.

An attorney must be able identify asbestos in every case. This can be accomplished by discussing with colleagues, obtaining reports, or looking at samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can bring a lawsuit, or offer a settlement to the defendants.

There are usually several defendants in asbestos cases due to the numerous mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or in the capacity of an employer could also be liable for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is based on common and state laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or defective design and that the injured party was not adequately warned about the risks that came with using the products.

Defendants in asbestos cases often claim that they did not act negligently and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos legal-containing products is linked to different diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of concealing the truth by trying to thwart claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.

A jury or judge can decide how to distribute the burden of responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their disease as well as the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes that include emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the survivors of a family members of a deceased person from an asbestos-related disease may pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the two sides share information through the process known as discovery. This can last several months and may include extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.

Lawyers from LK have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain maximum compensation for our clients.

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed 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 across the country. Contact us today to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. The money is intended to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases tend to settle rather than going to trial, as it is less expensive and easier for defendants to settle the case this way. Settlements also prevent negative publicity that comes when a verdict is handed down. It is essential to choose mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing material. These documents often show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states have set a limitation, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The time frames vary between states, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their right to be compensated.

The amount of money that victims receive will depend on their asbestos-disease diagnosis, how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to cover their medical bills. Asbestos sufferers may also be able to claim through trust funds created for those diagnosed with mesothelioma, asbestos-related illnesses.

Certain trusts have dwindled, however others continue to award substantial prizes. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical costs and lost wages, damages to property, pain and discomfort, and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma juries' awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand how to proceed during the trial procedure and will explain their rights under the law in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties, Asbestos law cases can be more complicated. This is especially true if an individual was exposed to more than one type of asbestos and in various locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a comprehensive database of the companies, products and locations.

There is a growing concern that the expense of settling claims of asbestos victims from the past can drain funds which could be used to fund future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they should be compensated more.

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. However these motions require an in-depth review of the evidence and an expert's opinion that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma attorney can help accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.