Asbestos Litigation

In courts all over the nation asbestos litigation has been a major problem. Studies have proven that exposure to asbestos can cause lung damage as well as disease.

An attorney should be able to recognize asbestos in every case. This can be done by speaking with colleagues collecting records, or analyzing samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness You may be entitled to compensation. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma, or any other asbestos-related illness. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries sustained by victims.

Asbestos suits typically fall under products liability laws that are based upon state and common laws that permit damages to be recovered from sellers of products when the products cause injuries. In a lawsuit involving product liability, it is alleged the injuries were caused by the design defect or manufacturing error and that the victim was not adequately warned of the risks associated with the products.

In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a variety of diseases. Companies that concealed asbestos risks to increase profits were accused of a cover-up, and they attempted to suppress claims and prevent workers from claiming financial compensation for their injuries.

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

Damages

A lawsuit brought against a firm that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not use reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to inform consumers and workers of this risk.

A person who has been a victim or the estates of people who have died from asbestos attorney-related illnesses like mesothelioma could start an asbestos lawsuit. A person can make a claim for personal injury to seek compensation for damages arising from economic or other causes, such as emotional distress, pain and suffering, and loss of enjoyment of the life. Family members who have survived someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.

After an asbestos case is filed the parties share information in a process called discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.

Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to obtain the highest amount of compensation for asbestos case our clients.

If you have any questions regarding filing an asbestos suit, contact 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 located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that can come when a verdict is handed down. It is crucial to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or the public.

Many states set time limits also known as statutes or limitations which determine how long asbestos victims have to file a lawsuit. The durations vary by state, but they typically vary from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with and how severe their condition is and other aspects. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds for their medical bills. asbestos lawyer victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Certain trusts have been depleted but others continue paying out substantial payouts. In 2018, for instance, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that aren't resolved through settlement negotiations, including the various ways to calculate damages and whether the patient's condition was caused by specific exposures.

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

A mesothelioma lawyer can assist victims understand how to proceed during the trial process and also explain their legal rights 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 usually simple to identify the responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile an exhaustive database of employers as well as their products and locations.

The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries, and they should be compensated more.

Defense attorneys can argue to dismiss asbestos claims through summary judgment, or a finding that there was no exposure. These motions require an in-depth examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a part of the backlog in the courts.