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Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Research has proven that asbestos exposure can cause lung damage and cause disease.

It is essential for an attorney to understand how to identify asbestos-related materials in each case. This can be done through speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related illness. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case.

There are typically several defendants in an asbestos-related case because there are a variety of 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. In addition, companies that supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recovered against the sellers of products when those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the injured party was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants often claim that they didn't act negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products is linked to various diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by trying to thwart claims and by trying to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to distribute the blame between defendants in cases where more than one defendant has been blamed for an asbestos-related injury. This process is known as apportionment. The apportionment process does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims can also be awarded punitive and compensatory damages.

The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.

An asbestos lawsuit may be filed by a victim or estate of a deceased person from an asbestos-related condition like mesothelioma. An individual can make a personal injury claim to seek compensation for economic and mesothelioma law non-economic damages, such as emotional suffering, loss of enjoyment of life, and pain and suffering. Family members of those who have died due to an asbestos-related disease can bring 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 could require extensive interviews with co-workers and relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure the highest amount of compensation for our clients.

If you have any questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us by phone or email today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to compensate the victim as well as their family members for mesothelioma law the financial losses resulting from asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that may come with a verdict at trial. It is essential to choose a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's past work history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their condition. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit.

During pre-trial discovery and depositions, Mesothelioma Law lawyers can uncover evidence of asbestos-related companies' negligence. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos attorney-producing companies knew about the risks of mesothelioma and other asbestos-related diseases but did not disclose the information to their employees or to the general public.

Many states have set a limit, also known as a statute of limitations for how long asbestos victims can file a lawsuit. The durations vary by state, but typically range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to compensation.

The amount victims will receive is contingent upon their asbestos-disease diagnosis and how severe their condition is and other aspects. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds for their medical bills. asbestos case victims might also be able to claim through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay substantial prizes. For instance, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and the extent to which a person's condition is due to a specific exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process and explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is particularly true if someone has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can speak with witnesses like co-workers or relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations.

The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Some claimants also believe that settlements do not reflect actual injuries and they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims through the process of summary judgment, or by finding that there was not an exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a part of the backlog in the courts.