Asbestos Litigation

In the courts across the nation asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung disease and damage through research.

An attorney should be able to identify asbestos in each case. This can be done through conversations with coworkers in the office, collecting records, and taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos compensation-related disease you could be qualified for compensation. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are generally multiple defendants as there are a variety of mining companies that produce asbestos and also manufacture 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 acted in a position of employer could be held accountable for the injuries sustained by victims.

Asbestos lawsuits are often categorized under laws governing product liability, which are based on the common law and state laws that allow for damages to be recouped from sellers of products when they cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the victim was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they did not behave negligently and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to various diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to block workers from seeking financial compensation for their injuries.

A judge or jury can decide how to distribute the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as apportionment. The apportionment of liability will not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the costs of medical treatment for their disease as well as the loss of wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos was a risk and failed to provide warnings to consumers and workers about the risk.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to bring an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for financial and other damages like emotional distress, pain and asbestos suffering, and loss of enjoyment of the life. In addition, the survivor family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos case is filed and the parties share information in a process called discovery. This may take a few months and may involve extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants as well as their asbestos-related products.

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

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill to get the most compensation possible for our clients.

Contact us for a free consultation should you have any questions about filing a lawsuit involving asbestos. 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 across the nation. Contact us via email or phone today to begin.

Settlements

If asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases often settle rather than go to trial because it is less expensive and easier for the defendant company to settle the matter this way. Settlements also prevent negative publicity that comes from a trial verdict. It is important to hire a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex and lawyers must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then collect evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documentation and the testimony of former employees who have been exposed to asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their workers or the general public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim can file a lawsuit. The time frames vary from state to state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to compensation.

The amount of money victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure patients have enough money to pay their medical bills. Asbestos sufferers can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts have dwindled, however others continue paying out substantial awards. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical costs loss of wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand what to do in the court process and can explain their legal rights in an open courtroom. An experienced attorney can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is often easy to identify the responsible parties. This is especially true when a person was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers and relatives, abatement workers and suppliers to create an extensive database of employers products, locations and other information.

There is a growing concern the expense of settling claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. In addition, some claimants think that settlements aren't founded on actual injuries and deserve more in compensation.

In asbestos cases, defendants can seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming a part of the backlog in the courts.