Asbestos Litigation

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

It is important for attorneys to know how to identify asbestos products in each case. This can be accomplished by speaking with colleagues, obtaining records, and analysing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation may help pay for lost wages, medical expenses and other costs related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

There are usually multiple defendants in a case involving asbestos due to the numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits typically fall under product liability laws that are based upon common and state laws which permit damages to be recovered from the sellers of products if they cause injury. In a suit for product liability, it is alleged the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately informed about the dangers of the products.

Defendants in asbestos cases often claim that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to various illnesses. Moreover, companies that hid asbestos's dangers to boost profits have been accused of attempting to cover up by attempting to suppress claims and attempting to stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the burden of responsibility among them through a process known as the apportionment. The apportionment process does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about the risk.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who passed away from an asbestos-related illness like mesothelioma. An individual can file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional stress as well as loss of enjoyment life as well as pain and suffering. Family members who are survivors of those who have died due to an asbestos-related illness can also bring a wrongful death lawsuit.

After an asbestos lawsuit is filed, both sides exchange information in a process called discovery. This process may take some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handle their case. The law firm that a victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for clients.

If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. This money is meant to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases tend to settle instead of going to trial, as it is easier and cheaper for the defendant company to settle the matter in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is essential to choose a mesothelioma lawyer who has expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into the history of their clients' employment, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes in the form of internal memos, corporate documents, and statements of former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, but did not disclose this information to their workers or the general public.

There are many states that set time limits which are known as statutes of limitation that define how long asbestos victims have to start a lawsuit. These time periods vary by state, but they typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount patients can receive is contingent on their asbestos-disease diagnosis the severity of their condition is, and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos sufferers may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts are empty, while others continue to award substantial awards. For instance, in the year 2018, asbestos claim a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos Claim-related victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help in resolving issues that are not resolved through settlement negotiations, such as differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a court trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma juries' awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the trial process and also explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is generally easy to identify responsible parties. This is especially true if the person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of the companies, products, and places.

The expense of settling asbestos claims eats away funds which could have been used to pay future cases. Furthermore, some claimants believe that settlements aren't based on actual injuries and deserve more in compensation.

Plaintiffs in asbestos cases can argue for asbestos claim dismissal of claims by summary judgment or a determination of no exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the doses of asbestos the plaintiff took were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming part of the backlog in the courts.