Asbestos Litigation

A large amount of asbestos cases have been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage as well as disease.

An attorney must be able to identify asbestos in every case. This can be done by talking to co-workers, getting reports, or looking at samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation can help with lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related illness. You can make a claim for compensation or make an offer of settlement from the defendants in the case.

In asbestos cases, there are typically multiple defendants due to the fact that 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. Businesses that provided services to asbestos-using mines, manufacturers or acted in an employer capacity may also be accountable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is built on state and common laws that permit damages to be awarded against sellers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically argue that they did not act recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Companies that concealed asbestos-related risks 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.

A jury or judge may decide how to allocate responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment process does not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos 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 their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers.

An asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related illness such as mesothelioma. A person can file a lawsuit for personal injury to seek compensation for asbestos claim damages arising from economic or other causes like emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the surviving family of someone who died from an asbestos-related illness can make a claim for wrongful death.

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

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases.

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

Contact us for a free consultation for any questions about filing a lawsuit against asbestos. We are dedicated 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 throughout the nation. Contact us by email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their client's medical records, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who have worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge this information to their workers or to the public.

Many states set time limitations, called statutes of limitations that define how long asbestos victims have to file a lawsuit. The length of time varies by state, but typically range from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to be compensated.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with the severity of their condition is, and other aspects. 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 may also be able to claim through trust funds that have been established for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts are depleted, but some continue to pay large amounts of money. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

asbestos claim sufferers who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is due to a specific exposure.

In a court trial the plaintiffs have to prove that they have the right to compensation, such as future and past medical expenses, lost wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically long. In the last 10 years, jury awards for mesothelioma have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer will help victims understand what to do during the trial procedure and will explain their rights under the law in a courtroom with an open door. A licensed lawyer can assist in identifying potential defendants. asbestos settlement litigation can be more complicated than car accident litigation where it is often easy to identify responsible parties. This is particularly true when the person has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma attorney is able to interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile a detailed list of companies products, locations and other information.

The expense of settling asbestos claims drains funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. However these motions require a thorough review of the evidence and an expert's opinion that the doses of asbestos that plaintiffs received did not cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it does not become part of the long backlog of cases in courts.