Asbestos Attorney: A Simple Definition

Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the nation. Research has proven that asbestos exposure can cause lung damage and disease.

An attorney should be able to recognize asbestos in each case. This can be accomplished by talking to co-workers, getting records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related illness. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants.

There are usually many defendants in an asbestos-related case because there are a variety of mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers who used asbestos or who acted as employers could be held responsible for 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 allow damages to be sought 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 manufacturing errors or defective design and that the person who suffered injury was not adequately warned about the dangers that could result from using the products.

In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a range of illnesses. Additionally, companies that concealed asbestos's risks to boost profits have been accused of concealing the truth by attempting to suppress claims and by trying to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge can decide how to divide the responsibility among them in a process known as allocation. The apportionment does not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the costs of medical treatment for their disease and 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 acted negligently, meaning it did not take reasonable precautions to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos settlement was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person may make a personal injury claim to seek compensation for non-economic and economic damages, including emotional suffering, loss of enjoyment of life as well as suffering and pain. Additionally, the surviving family members of a deceased person from an asbestos-related illness can bring a wrongful death lawsuit.

When an asbestos lawsuit has been filed, the two parties exchange information in the process of discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is important that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be recognized by insurers and defendants for its experience 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 secure the highest amount of compensation for our clients.

Contact us for a complimentary consultation should you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Call or email us today to begin.

Settlements

When asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are often settled instead of going to trial because it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also help avoid the negative publicity that is associated with a verdict at trial. It is important to hire an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public.

Many states set time limits which are known as statutes of limitation which determine how long an asbestos victim has to start a lawsuit. The length of time varies from state-to-state, but generally range between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount of money that victims receive will depend on their asbestos-disease diagnosis the severity of their condition is, as well as other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers can also file claims with trust funds that were set up to compensate people who have been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay substantial prizes. In 2018 the federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses, lost wages, property damage or loss of enjoyment, and loss of 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 for mesothelioma have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal right in an open courtroom. A qualified attorney can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the parties involved, asbestos cases can be more complex. This is particularly true when someone has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos workers, to build an inventory of companies, products, and places.

The expense of settling asbestos claims drains funds which could be used to pay future cases. Some claimants also believe that settlements are not just based on injuries that actually occurred and they deserve more compensation.

The defendants can seek to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. However the motions must be based on a thorough review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff received were insufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the case and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.