12 Companies That Are Leading The Way In Asbestos Attorney

Asbestos Litigation

A large amount of asbestos settlement-related litigation has been dealt with in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and disease.

An attorney must be able identify asbestos in each case. This can be done through conversations with coworkers collecting records, or analysing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease that is related to asbestos. Compensation may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are usually multiple defendants because there are many mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in the capacity of an employer could also be held responsible for injuries sustained by victims.

Asbestos suits typically fall under product liability laws which are based on the common law and state laws which allow damages to be recouped from the seller of a product when the products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or defective design and that the person who suffered injury wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants typically assert 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 products can lead to a myriad of illnesses. Companies that concealed asbestos risks to boost profits were accused of cover-up as they sought to suppress claims and prevent workers from claiming financial compensation for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility among them in a process called apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that manufactured or sold asbestos can help victims recover compensation. This includes the expense of medical treatment for their disease and the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. An individual can start a personal injury suit to claim compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life and Asbestos litigation pain and suffering. In addition, the surviving family members of someone who passed away due to an asbestos-related illness may file a wrongful death lawsuit.

When an asbestos-related case is filed and the parties exchange information during a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complexity of asbestos litigation, it is important that plaintiffs get an experienced lawyer handle their case. The law firm a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us by email or phone today to start your journey.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. The money is intended to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos cases are often settled instead of going to trial, as it is less expensive and easier for the defendant company to settle the case in this way. Settlements also avoid negative publicity that could be associated from a trial verdict. It is crucial to find an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence typically comes in the form of internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related ailments, but did not disclose the information to their employees or to the public.

Many states set time limits also known as statutes or limitations that define how long asbestos victims have to start a lawsuit. These deadlines vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to compensation.

The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with and how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos-related victims can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some trusts are depleted, but others continue to pay out large amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs will be required to prove that they are entitled damages, including past and future medical expenses loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial can be long. In the past decade, jury awards in mesothelioma cases have increased significantly and have far outstripped the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it is typically easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true when an individual was exposed to more than one kind of asbestos in multiple places. An experienced mesothelioma attorney is able to interview witnesses like coworkers and relatives, abatement workers and suppliers to compile an exhaustive database of the companies, products and locations.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. Some claimants are also of the opinion that settlements do not reflect the actual damage and that they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims through 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 measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma attorney can help speed up the process and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.