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asbestos claim Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the country. Research has proved that exposure to asbestos can cause lung damage and illness.

An attorney should be able to identify asbestos in every case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation If you or someone you love is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related disease. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

There are typically several defendants in an asbestos case because there are numerous mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that made use of asbestos or who were employers could be held liable for injuries sustained by victims.

Asbestos suits typically fall under laws governing product liability that are based upon the laws of the state and common law that allow for damages to be recouped from sellers of products when those products cause injuries. In a lawsuit involving product liability it is claimed that the injuries were caused by the design defect or manufacturing error and that the person injured was not adequately informed about the dangers associated with the products.

Defendants in asbestos cases often claim that they did not behave negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can lead to different diseases. Additionally, companies that concealed the risks of asbestos compensation to increase profits have been accused of attempting to cover up by trying to thwart claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury can decide how to divide the responsibility between the defendants in a process referred to as apportionment. The apportionment does not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost of medical treatments for their condition and lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it failed to take reasonable steps 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 consumers and workers of the danger.

The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma can start an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a person who died from an asbestos-related illness can file a wrongful death lawsuit.

Once an asbestos case is filed, the parties exchange information via a process called discovery. This process can last for a long time and could require extensive interviews with colleagues family members, abatement workers, relatives and others to determine possible defendants and their asbestos-related products.

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

Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for clients.

Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Call or email us today to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is meant to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases tend to settle rather than going to trial because it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their employees or to the general public.

Many states set time limitations known as statutes of limitations that define how long an asbestos victim must bring 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 is filed, the victims lose their right to compensation.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease as well as how serious their condition is and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some trusts are closed, while others continue to award huge amounts of money. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the condition was caused by exposures specific to the victim.

In a trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses as well as lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma cases, jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist patients understand how to proceed during the trial process and explain their rights under the law in a public courtroom. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible parties involved, asbestos cases can be more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney is able to speak with witnesses like co-workers and relatives, abatement workers and suppliers to create an exhaustive list of companies, products and locations.

The expense of settling asbestos claims drains funds which could have been used to fund future cases. Furthermore, some claimants believe that settlements aren't based on actual injuries and deserve more in compensation.

Defendants in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. These motions are, however, subject to an exhaustive examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the process and ensure that it doesn't become part of the long backlog of cases in courts.