Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the country. Research has proven that exposure to asbestos can cause lung damage as well as disease.

An attorney must be able to identify asbestos in every case. This can be done by chatting with colleagues collecting records, or taking samples from homes or work sites.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are generally multiple defendants because there are numerous mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos or acted as employers could be held responsible for injuries to victims.

Asbestos suits are typically governed by the law of product liability, which are based on common and state laws which allow damages to be recouped from the seller of a product when those products cause injury. In a suit for product liability it is claimed that the injuries were caused due to an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a wide range of ailments. Companies that concealed asbestos risks to make profits were accused of cover-up as they sought to thwart claims and stop workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for the asbestos-related injuries sustained by a victim the judge or jury could decide on how to divide the responsibility among them through a process known as apportionment. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company that produced or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos attorney could be hazardous and failed to inform consumers and workers about the risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can make a claim for personal injury to claim compensation for financial and other damages including emotional distress, pain and suffering, and loss of enjoyment of the life. In addition, the survivors of a family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the two parties exchange information in the process of discovery. It can take several months and may involve extensive interviews with colleagues and relatives, abatement workers, and others to identify potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family chooses be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurance companies and defendants for its experience in these cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to secure the maximum amount of compensation to our clients.

If you have any questions about filing an asbestos lawsuit, mesothelioma attorney call us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases are often settled instead of going to trial, as it is more cost-effective and easier for defendant companies to resolve the case in this way. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma law firm which has the experience of obtaining maximum damages for mesothelioma attorney their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into the history of their clients' employment as well as 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 to construct an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos producers 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.

A number of states have set a time limit, known as a statute of limitations, for how long asbestos-related victims can bring a lawsuit. These time periods vary from state to state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.

The amount of compensation that victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough funds to pay for medical expenses. Asbestos-related victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have been wiped out, but others continue to pay out large awards. In 2018 the United States court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, for instance the different methods of calculating damages and whether the condition resulted from specific exposures.

In a trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses and lost wages, property damages as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years, jury awards for mesothelioma have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the steps to take through the trial procedure and will explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is often simple to identify the responsible parties. This is especially true if a person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile a detailed list of companies as well as their products and locations.

There is growing concern that the cost of settling claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in the courts.