Asbestos Litigation

A significant amount of asbestos-related litigation has been handled in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and disease.

It is important for attorneys to know how to identify asbestos-related materials in every case. This can be done through conversations with coworkers or obtaining records, as well as analyzing samples from homes or work sites.

Liability

You may be entitled to compensation in the event that you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs associated with mesothelioma. You can choose to make a claim or offer an offer of settlement to the defendants.

In asbestos cases, there will be several defendants since there are numerous mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers that used asbestos or who acted as employers could be held accountable for injuries suffered by victims.

Asbestos suits typically fall under the law of product liability that are based on the laws of the state and common law that allow for damages to be recouped from the seller of a product when they cause injuries. In a suit for product liability it is claimed that the injuries were caused by faulty design or mismanufacture and that the victim was not adequately warned of the dangers of the products.

In asbestos cases, defendants often argue that they did not behave recklessly and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can lead to various diseases. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to distribute the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This process is known as allocation. The apportionment will 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 aid victims in recovering compensation. This includes the cost of medical treatment for their condition and the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

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

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for economic and other damages like emotional distress, pain and suffering, and loss of enjoyment of the life. Family members of someone who died due to an asbestos Attorney-related condition can bring a wrongful death lawsuit.

Once an asbestos-related case has been filed, the parties exchange information through the process known as discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is essential for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining maximum compensation for clients.

If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by email or phone today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is meant to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records, work history, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their workers or to the general public.

A number of states have time limits also known as statutes or limitations on the time an asbestos victim has to start a lawsuit. The length of time varies by state, but generally vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their right to receive compensation.

The amount victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is, and other aspects. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims may also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have dwindled, Asbestos Attorney however others continue paying out substantial payouts. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs need to prove they are entitled to damages including future and past medical expenses and lost wages, damages to property as well as discomfort and pain and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is typically easy to identify the responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, Asbestos Attorney coworkers, and asbestos workers, to build a database of employers, products and the locations.

The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Additionally, some claimants believe that settlements aren't basing on actual injuries and should be compensated more.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a determination of no exposure. These motions require a thorough examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the process and ensure that it doesn't become part of the lengthy backlog of cases in the courts.