Asbestos Litigation

A large amount of asbestos-related cases have been handled in courts across the nation. Research has proven that exposure to asbestos can cause lung damage and illness.

It is vital for an attorney to understand how to recognize asbestos-related products in each case. This can be done by speaking with colleagues in the office, collecting records, and analysing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation may cover lost wages, medical costs and other costs associated with mesothelioma. You may choose to bring a lawsuit, or offer a settlement to the defendants.

There are typically many defendants in asbestos cases due to the numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos, or who were employers could be held liable for the victims' injuries.

Asbestos suits typically fall under product liability laws, which are based on the common law and state laws which allow damages to be recovered from sellers of products when those products cause injury. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the injured party wasn't adequately warned of the dangers associated with using the products.

In asbestos cases, defendants typically claim that they did not behave in a negligent way and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can cause various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up by attempting to suppress claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a jury or judge can decide how to divide the blame between them in a process called apportionment. The apportionment will not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that made or sold asbestos can help victims recover compensation. This includes the cost of medical treatment for their illness and lost wages due to being unable to work. Victims may also receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk.

A person who is a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma can bring an asbestos lawsuit. A person can start a personal injury suit to seek compensation for non-economic and economic damages, including emotional distress and suffering, loss of enjoyment life, and pain and suffering. Family members of those who have died due to an asbestos-related condition can bring a wrongful death lawsuit.

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

Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their family chooses be aware of the unique complexities of asbestos litigation and be recognized 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 get the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us by email or phone now to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases usually settle rather than going to trial, as it is easier and cheaper for defendant companies to resolve the matter in this manner. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are complex, and attorneys must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause for their condition. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. In many cases, these documents show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge the information to their employees or the public.

Many states set time limits, called statutes of limitations that define how long asbestos victims have to make a claim. The durations vary by state, but generally vary from one to two years. If the statute of limitations expires before a suit for mesothelioma can be filed, the victim will lose their right to compensation.

The amount of money victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money for their medical bills. Asbestos victims can also file claims with trust funds, Asbestos litigation which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been exhausted, but some continue to pay significant awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to compensation, such as future and past medical expenses and loss of earnings, property damage as well as pain and suffering and asbestos litigation loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can be long. 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 the steps to take through the trial process and also explain their rights under the law in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true if an individual was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or asbestos workers, to build a database of employers, products, and locations.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Many claimants also believe that settlements don't reflect actual injuries and they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was no exposure. However they must be able to provide a thorough review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff took were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a burden in the courts.