How To Get Better Results From Your Asbestos Attorney

Asbestos Litigation

A substantial amount of asbestos cases have been handled in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage through research.

It is crucial for an attorney to understand how to identify asbestos products in every case. This can be accomplished by discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can either bring a lawsuit, or offer an offer of settlement to the defendants.

There are usually many defendants in an asbestos case because there are many mining companies that made asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos or who were employers could be held liable for the victims' injuries.

Asbestos suits typically fall under products liability laws that are based on the common law and state laws that allow for damages to be recouped from the seller of a product when the products cause injury. In a lawsuit involving product liability it is claimed that the injuries were caused by faulty design or mismanufacture and that the person injured was not adequately informed about the risks associated with the products.

Defendants in asbestos cases often argue that they didn't act recklessly and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products can lead to various diseases. In addition, companies who 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 the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility between them in a process known as apportionment. The apportionment does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims receive compensation for their losses. This includes the costs of medical treatment for their disease and lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn workers and consumers of the danger.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment the life. In addition, the survivors of a family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties exchange information in an process known as discovery. This can last several months and could require lengthy interviews with coworkers and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

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

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

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost 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 from all over the nation. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies that exposed them substances. The money is meant to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial, as it is less expensive and easier for defendant companies to settle the case in this way. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose a mesothelioma lawyer who has experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause for their condition. Lawyers can then collect evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos law manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their employees or the public.

Many states have set a limit, known as a statute of limitations, to determine the length of time asbestos victims can make a claim. The time frames vary from state to state, but generally range from one to two years. If the statute of limitations expires before a case for mesothelioma can be filed, victims will lose the right to compensation.

The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough money to cover medical expenses. Asbestos sufferers may also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some trusts are closed, while others still pay huge amounts of money. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by a particular exposure.

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

A mesothelioma attorney can help victims understand the steps to take through the trial process and explain their rights under the law in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true if an individual has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create an inventory of the companies, products, and the locations.

There is a growing concern that the expense of settling claims of asbestos victims who have been in the past can drain funds which could be used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

Defendants in asbestos cases can seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help accelerate the case and ensure that it does not become part of the long backlog of cases in the courts.