Asbestos Litigation

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

It is essential for an attorney to know how to recognize asbestos-related products in each case. This can be done by talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation can be used to pay for medical expenses, lost wages and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are typically multiple defendants in an asbestos case because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos, or who acted as employers could be held accountable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on common and state laws that allow damages to be sought against manufacturers of products if the products cause injuries. In a product liability suit it is claimed that injuries were caused due to the design defect or manufacturing error and that the person injured was not adequately informed about the dangers of 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 years that asbestos-containing products have been linked to a wide range of ailments. Companies that concealed asbestos-related risks to increase profits were accused of cover-up, as they tried to deny claims and block workers from seeking financial compensation for their injuries.

A judge or jury may decide how to distribute the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as allocation. The apportionment will not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a danger and did not warn consumers and workers of the danger.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma could make an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. In addition, the survivor family of someone who died from an asbestos-related illness can make a claim for wrongful death.

Once an asbestos-related case is filed, the two parties exchange information through the process of discovery. This can last several months and may involve extensive interviews with co-workers family members, abatement workers, relatives, and others to identify possible defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm a victim or their family chooses to work with should be aware of the particular complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned as a firm that can secure the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation for any questions regarding 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 across the nation. Contact us via email or phone now to get started.

Settlements

When victims win their asbestos lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is important to hire mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence and use it in an effective mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have worked with asbestos-containing materials. In many cases documents, they show that asbestos Claim manufacturers knew about the dangers of mesothelioma and other asbestos-related ailments, but did not disclose this information to their workers or the general public.

Many states set time limits which are known as statutes of limitation, on how long asbestos victims have to bring a lawsuit. These deadlines vary from state-to-state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to compensation.

The amount of compensation victims will receive is based on the severity of their illness, their diagnosis and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough money to cover their medical expenses. asbestos law-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related ailments.

Some of these trusts have been depleted, but others still pay huge amounts of money. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs will have to prove that they have a right to damages, including future and Asbestos claim past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process can be long. In the last decade, jury awards for mesothelioma have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma attorney can help victims understand the steps to take through the trial process and can explain their rights under the law in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is generally easy to identify responsible parties. This is especially the case when the victim was exposed to more than one type of asbestos in multiple places. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of companies, products and places.

The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Some claimants also believe that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.

Defendants can fight to dismiss asbestos claims through summary judgment or a finding that there was no exposure. These motions, however, require a thorough examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a backlog in the courts.