Asbestos Attorney: A Simple Definition

Asbestos Litigation

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

An attorney should be able to identify asbestos in every case. This can be accomplished by speaking with colleagues collecting records, or analysing samples taken from homes or work sites.

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 help with lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related illness. You can either file a lawsuit or offer a settlement to the defendants.

There are typically multiple defendants in a case involving asbestos due to the numerous mining companies that produced asbestos and also the manufacture 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 in a position of employer could also be held responsible for the injuries sustained by victims.

asbestos law lawsuits are often categorized under laws governing product liability that are based on state and common laws that permit damages to be recovered from the seller of a product when they cause injuries. In a suit for product liability, it is alleged the injuries occurred due to faulty design or mismanufacture and that the person who was injured was not adequately informed about the risks associated with the products.

In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a range of illnesses. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of covering up the issue by attempting to suppress claims and trying to block workers from seeking compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury may determine how to divide the blame between them in a process called the apportionment. The apportionment does not affect the total amount that a 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 their losses. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the risk.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related condition such as mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress, loss of enjoyment of life and pain and suffering. The surviving family members of those who have died due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

After an asbestos case is filed and a settlement is reached, both sides share information in a process called discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm that the victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.

The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to secure the maximum amount of compensation for our clients.

Contact us for a complimentary consultation for any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us by phone or email today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases are often settled instead of going to trial, because it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements also prevent negative publicity that comes from a trial verdict. It is crucial to find an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into the history of their clients' employment as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence to use in an effective mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related illnesses but did not disclose this information to their workers or the public.

A number of states have set a limit, referred to a statute of limitations for the length of time asbestos victims can sue. These time periods vary from state-to-state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical expenses. Asbestos-related victims can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to award substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses, loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually lengthy. In the last decade mesothelioma cases, jury awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation, where it is typically easy to identify the responsible parties. This is particularly true when a person was exposed to more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and asbestos workers, to build a database of companies, products and the locations.

The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Some claimants also think that settlements aren't basing on actual injuries and therefore deserve more compensation.

In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a determination of no exposure. However, these motions require an in-depth review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took did not cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.