Asbestos Attorney: A Simple Definition

Asbestos Litigation

In the courts across the country asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung diseases and damage by research.

It is crucial that attorneys know how to recognize asbestos-related products in every case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you care about is diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related disease. You can choose to make a claim or offer an agreement to the defendants.

There are usually many defendants in asbestos cases because there are many mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted as employers could be held accountable for injuries suffered by victims.

Asbestos suits are typically governed by laws governing product liability that are based upon state and common laws that allow for damages to be recovered from the sellers of products if they cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the injured party wasn't adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they did not do anything in a negligent manner and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to various illnesses. Companies that hid asbestos risks to increase profits were accused of a cover-up, as they tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit against a company that made or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment for their illness and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the risk.

A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. A person can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional stress and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivor family members of someone who passed away from an asbestos-related disease may bring a wrongful death lawsuit.

After an asbestos case is filed, both sides communicate information through a process called discovery. It can take several months, and may require extensive interviews with colleagues and relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

It is important for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos lawyer litigation. The law firm that a plaintiff or their family selects should be aware of the complexities unique to asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in these cases.

The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known as a firm that can secure the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated 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 country. Contact us via phone or email now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. The money is meant to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover pain and suffering.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that could be associated from a trial verdict. It is crucial to select mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are complicated, and attorneys 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. Lawyers are able to gather evidence and use it to construct a solid mesothelioma lawsuit.

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos-related companies negligence. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents usually show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states have set a limit, referred to a statute of limitations for how long asbestos-related victims can make a claim. The length of time varies by state, but generally 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 be compensated.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive, how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to cover their medical expenses. Asbestos victims may also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts are exhausted, but others continue to award large amounts of money. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't resolved through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they are entitled damages, including future and past medical expenses and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial can be lengthy. In the last decade mesothelioma cases, jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true when someone has been exposed to asbestos in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of employers, products, and locations.

There is a growing concern that the expense of settling claims of asbestos lawyer victims who have been in the past is draining funds that could be used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could take a while, a seasoned mesothelioma attorney can help accelerate the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.