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Clark Garrett

Blog entry by Clark Garrett

Asbestos Litigation

A large portion of asbestos litigation has been handled in courts across the nation. Asbestos exposure has been proven to cause lung damage and lung disease by research.

It is important for an attorney to understand asbestos how to recognize asbestos-related products in each case. This can be done through conversations with coworkers or obtaining records, as well as analysing samples taken from homes or work sites.

Liability

You may be entitled to compensation if you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related illness. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.

In asbestos cases, there are usually multiple defendants because there are numerous mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers that made use of asbestos or who acted as employers could be held accountable for injuries suffered by victims.

Asbestos suits are typically governed by laws governing product liability that are based on the laws of the state and common law which allow damages to be recouped from sellers of goods when they cause injuries. In a product liability lawsuit where the injuries were caused due to faulty design or mismanufacture and that the victim was not adequately informed about the dangers associated with 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 long known that asbestos-containing products have been linked to a range of illnesses. Companies that concealed asbestos-related risks to increase profits were accused of a cover-up as they sought to block claims and keep workers from seeking an amount of compensation for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries, a jury or asbestos judge could decide on how to divide the blame between them through a process known as apportionment. The apportionment process does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their disease and the loss of wages due to inability to work. Victims may also receive punitive and compensatory damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to use reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the risk.

An asbestos lawsuit can be filed by a victim or the estate of a person who died from an asbestos attorney-related disease such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional suffering as well as loss of enjoyment life, and pain and suffering. In addition, the survivor family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos case is filed, both sides share information in the process known as discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers and others to identify potential defendants.

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

LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

If you have questions about filing an asbestos lawsuit, please contact 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 nationwide. Contact us today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come with a verdict at trial. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research into their clients' medical records, work history and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence usually comes in the form internal memos, corporate documents and statements of former employees who worked with asbestos-containing material. In many instances, these documents show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos compensation-related diseases but did not divulge this information to their workers or the public.

Many states set time limitations known as statutes of limitations on the time an asbestos victim has to start a lawsuit. These time periods vary by state, but they typically range from one to two years. If the statute of limitation expires before a suit for mesothelioma is filed victims will lose their right to compensation.

The amount of compensation that victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to cover their medical expenses. Asbestos victims can also file claims using trust funds which were created to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Certain trusts have been closed, but others continue to pay out large prizes. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help resolve issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and whether the patient's condition was caused by a specific exposure.

In a court trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses, lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the court process and can explain their legal rights in a courtroom with an open door. An experienced attorney can help to identify potential defendants. As opposed to the litigation in car accidents where it's usually easy to determine the responsible parties involved, asbestos cases are more complicated. This is especially true if someone was exposed more than one type of asbestos in multiple locations. A mesothelioma lawyer with experience can interview witnesses like coworkers and relatives, abatement workers and suppliers to create a comprehensive database of the companies, products and locations.

The cost of resolving asbestos claims drains funds that could be used to pay future cases. Some claimants also believe that settlements aren't founded on actual injuries and should be compensated more.

In asbestos cases, defendants can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. However these motions require an extensive review of evidence and an expert's view that the doses of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming a burden in the courts.