Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the nation. Asbestos exposure is proven to cause lung diseases and damage by research.

It is essential for an attorney to know how to identify asbestos-related materials in every case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

There are typically several defendants in an asbestos case because there are numerous mining companies that produced asbestos and mesothelioma case the manufacturers of products that contained 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 who acted as employers could be held accountable for injuries to victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the injured party was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they did not do anything in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up, and they attempted to thwart claims and stop workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the responsibility among them through a process known as the apportionment. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the costs of medical treatment for their disease, as well as lost earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit alleges that the defendant acted negligently and did not use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who died due to an asbestos-related illness, like mesothelioma. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional stress, loss of enjoyment of life as well as pain and suffering. Family members who have survived those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two parties exchange information via the process known as discovery. This process can last several months and could require interviews with family members, coworkers, members, abatement workers, mesothelioma case and others in order to identify potential defendants.

Due to the complexity of asbestos litigation it is essential that plaintiffs get an experienced lawyer to handle their case. The law firm that the victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.

If you have any questions regarding filing an asbestos lawsuit, please contact us for a free 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. Contact us via phone or email now to get started.

Settlements

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

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers are able to gather evidence and use it to build a mesothelioma case that is strong and successful.

During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their workers or the general public.

A number of states have imposed a time limit, referred to a statute of limitations, for the length of time asbestos victims can sue. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose the right to compensation.

The amount victims can receive depends on the asbestos-related diagnosis they receive the severity of their condition is, and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims may also be able to claim through trust funds created for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to pay out large payouts. In 2018, a federal court granted $70,000,000 to the family 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 law victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For example, differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses such as loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The process of trial can be lengthy. In the last 10 years mesothelioma cases, jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the steps to take in the trial process and also explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is often easy to identify the parties responsible. This is especially true if an individual has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an extensive database of the companies as well as their products and locations.

There is a growing concern the cost of settling claims from asbestos victims in the past is consuming funds which could be used to pay for future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they should be compensated more.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a conclusion of no exposure. These motions need an extensive examination of evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer could help to accelerate the process and ensure that it does not be added to the long queue of cases that are awaiting the courts.