Asbestos Litigation

In courts all over the nation asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung disease and damage by research.

It is crucial for attorneys to know how to identify asbestos-related materials in every case. This can be accomplished by talking with co-workers in the office, collecting records, and taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can cover medical expenses, lost wages and other costs associated with mesothelioma. You can either start a lawsuit or offer an offer of settlement to the defendants.

There are usually many defendants in asbestos cases 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. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for the victims' injuries.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a design defect and that the injured party was not properly warned of the risks associated with using the products.

Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can cause different diseases. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for the victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility between them through a process known as the apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their disease and the loss of wages due to being unable to work. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about the risk.

A person who is a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person may start a lawsuit claiming personal injury to seek compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

After an asbestos case is filed, both sides exchange information in the process of discovery. It can take several months and may include extensive interviews with colleagues, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and asbestos defendants for its experience in these cases.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation to our clients.

Contact us for a complimentary consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us today to get started.

Settlements

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

Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is crucial to find mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's employment history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documents and the testimony of former employees who have worked with asbestos-containing products. In many instances documents, they show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related diseases, but didn't disclose this information to their workers or to the public.

There are many states that set time limits known as statutes of limitations which determine how long asbestos victims have to make a claim. The time frames vary from state to state, but they typically vary between one and two years. If the statute of limitations expires before a case for mesothelioma can be filed, the victims will lose their right to compensation.

The amount of compensation a victim receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay for their medical bills. Asbestos-related victims can also file claims using trust funds that were set up to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been depleted but others continue to pay substantial prizes. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including past and future medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is often lengthy. In the last 10 years, jury awards in mesothelioma cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the parties, asbestos cases can be more complicated. This is especially true when a person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers, to compile a database of companies, products, and the locations.

There is a growing concern the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't based on actual injuries and therefore deserve more compensation.

The defendants in asbestos cases may contest claims to dismiss them by summary judgment or a finding of no exposure. These motions require an exhaustive examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may take time, a skilled mesothelioma attorney can help accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.