Asbestos Litigation

In the courts across the country, asbestos litigation has been a major asbestos attorney issue. Research has proved that asbestos exposure can cause lung damage and cause disease.

It is vital for an attorney to know how to recognize asbestos-related products in every case. This can be done through discussing with colleagues, obtaining reports, or looking at samples from homes or asbestos attorney workplaces.

Liability

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

There are typically many defendants in an asbestos-related case due to the numerous mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries sustained by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law which is built on state and common laws that permit damages to be sought against sellers of products if those products cause injuries. In a suit for product liability it is claimed that the injuries were caused by defective design or manufacturing and that the injured person wasn't adequately warned about the dangers of the products.

Defendants in asbestos cases often argue that they did not behave negligently and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can cause various illnesses. Moreover, companies that hid asbestos's dangers to increase profits have been accused of concealing the truth in attempting to block claims and by trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a jury or judge can decide how to divide the responsibility among them in a process called the apportionment. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for punitive and compensatory damages.

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

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may file an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for other and economic damages including emotional distress and pain and suffering and loss of enjoyment the life. Family members of those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.

After an asbestos case is filed the parties exchange information during the process known as discovery. This may take a few months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify potential defendants as well as their asbestos-related products.

It is essential for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

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

If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the country. Contact us now to begin.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can cover the pain and suffering.

Asbestos cases are often 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 also prevent negative publicity that comes when a verdict is handed down. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are complex, and attorneys must conduct extensive research about their clients' medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers are able to find evidence of asbestos attorney-related companies' negligence. Evidence usually comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public.

There are many states that set time limits, called statutes of limitations which determine how long an asbestos victim has to start a lawsuit. The length of time varies by state, but generally range between one and two years. If the statute of limitation expires before a suit for mesothelioma has been filed, the victim will lose their right to receive compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay their medical expenses. Asbestos victims can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other Asbestos Attorney-related illnesses.

Some of these trusts have been exhausted, but others still pay huge amounts of money. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is often long. In the last 10 years mesothelioma cases, jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible parties, asbestos cases are more complicated. This is particularly true if an individual has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers, to create a database of products, employers, and the locations.

There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds which could be used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. These motions, however, require an exhaustive examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming a part of the backlog in the courts.