Asbestos Litigation
In the courts across the nation asbestos litigation has been a major problem. Asbestos exposure has been shown to cause lung diseases and damage through research.
It is essential that attorneys know how to identify asbestos products in every case. This can be accomplished by talking with co-workers, obtaining records, and analysing samples taken from homes or work sites.
Liability
You could be eligible for compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related disease. You may choose to file a lawsuit or offer an agreement to the defendants.
There are usually multiple defendants in an asbestos case because there are many mining companies who produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in an employer capacity could be held accountable for the injuries of victims.
Asbestos suits typically fall under product liability laws which are based on the common law and state laws which permit damages to be recovered from the sellers of products if they cause injuries. In a product liability suit it is claimed that injuries resulted from faulty design or mismanufacture and that the person injured wasn't adequately warned about the dangers of the products.
The defendants in asbestos cases typically argue that they didn't act in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to various diseases. Companies that concealed asbestos dangers to increase profits were accused of a cover-up. They tried to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the blame between them in a process known as allocation. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded punitive and compensatory damages.
edmond asbestos attorney claims that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.
A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can start an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional distress and suffering, loss of enjoyment life, and suffering and pain. Family members of those who have died due to an asbestos-related condition can make a claim for wrongful death.
After an asbestos case is filed and the parties communicate information through the process of discovery. It can take several months and may include extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants as well as their asbestos-related products.
It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation to our clients.
If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email today to get started.

Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases are often settled instead of going to trial, because it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements can also help avoid the negative publicity that can come with a verdict at trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on their client's work history, 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 gather evidence and use it to create a mesothelioma case that is strong and successful.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in 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 producers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public.
A number of states have set a limit, also known as a statute of limitations, on how long asbestos victims are allowed to sue. The time frames vary from state to state, but they typically range from one to two years. If the statute of limitation expires before a case for mesothelioma can be filed, the victim will lose their right to compensation.
The amount of compensation that victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos sufferers may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts are closed, while others continue to pay out substantial awards. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. 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 trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The process of trial is usually long. In the past decade mesothelioma cases, jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible parties, asbestos cases are more complicated. This is especially true when someone was exposed more than one type of asbestos and in multiple places. A seasoned mesothelioma attorney will interview witnesses like coworkers and relatives, abatement workers and suppliers to compile a detailed database of employers as well as the locations of their products and.
There is a growing concern that the cost of settling claims of asbestos victims from the past has a negative impact on funds which could be used to pay for future cases. Some claimants believe that settlements don't reflect the actual damage and that they deserve more compensation.
Plaintiffs in asbestos cases can argue for dismissal of claims through summary judgment or a finding of no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the doses of asbestos that plaintiffs received were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help accelerate the process and ensure that it does not become part of the long backlog of cases in courts.