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Asbestos Litigation In the courts across the nation, asbestos litigation is a huge issue. Asbestos exposure has been proved to cause lung disease and damage through research. An attorney should be able to recognize asbestos in every case. This can be done by talking to co-workers, getting reports, or looking at samples taken from home or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related disease you may be entitled to compensation. Compensation can be used to pay for medical expenses, lost wages and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case. There are usually many defendants in asbestos cases because there are numerous mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or as employers could also be liable for the injuries of victims. Asbestos suits often fall under products liability laws that are based upon state and common laws which allow damages to be recovered from sellers of goods when they cause injury. In a lawsuit involving product liability it is claimed that injuries resulted from the design defect or manufacturing error and that the person who was injured was not adequately informed about the dangers of the products. In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos risks to increase profits were accused of a cover-up. They tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries. A judge or jury can decide how to divide the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment does not alter the amount that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit filed against a company that manufactured or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also receive punitive and compensatory damages. The lawsuit claims that the defendant acted with negligence in that it failed to exercise reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about this risk. An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life as well as suffering and pain. Family members who have survived someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit. After an asbestos case has been initiated, the parties exchange information in the process of discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants. Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer handling their case. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases. LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for our clients. Contact us for a complimentary consultation If you have any concerns regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to get started. Settlements When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the cost of suffering and pain. Asbestos cases tend to settle instead of going to trial, as it is cheaper and easier for defendant companies to resolve the case in this way. Settlements also avoid negative publicity that could be associated from a trial verdict. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients. Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about the medical records of their clients and work history as well as asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence to use in a mesothelioma-related case that is a solid one. During pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose this information to their workers or the public. A number of states have imposed a time limitation, also known as a statute of limitations, for how long asbestos victims are allowed to bring a lawsuit. The time frames vary from state to state, but generally vary from one to two years. If the statute of limitation expires before a case for mesothelioma can be filed, victims will lose the right to receive compensation. The amount victims can receive depends on the asbestos-related illness they have been diagnosed with the severity of their condition is, and other aspects. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related ailments. Certain trusts are empty, while others continue to pay out huge amounts of money. In 2018, for instance an appeals court in the United States awarded $70 million to the family of a U.S. vista asbestos attorneys who contracted mesothelioma from 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 possible to resolve 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 trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses, loss of wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges. A mesothelioma attorney can help victims understand the trial process and explain their legal right in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is usually easy to identify the parties responsible. This is especially the case when an individual was exposed to more than one type of asbestos and in various locations. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to create a detailed list of companies, products and locations. There is a growing concern that the cost of settling claims of asbestos victims from the past is draining funds that could be used to pay for future cases. Some claimants believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation. Defense attorneys can argue to dismiss asbestos claims using summary judgment or a finding that there was no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a backlog in the courts.