Asbestos Litigation

A substantial amount of asbestos litigation has been handled by courts across the country. Research has proved that asbestos exposure can cause lung damage as well as disease.

It is essential for an attorney to know how to identify asbestos products in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation can help with lost wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related disease. You can start a lawsuit or offer an agreement to the defendants.

There are usually multiple defendants in asbestos cases due to the numerous mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in a position of employer could be held accountable for injuries sustained by victims.

Asbestos suits often fall under laws governing product liability which are based on common and state laws that allow for damages to be recovered from sellers of products when the products cause injuries. In a lawsuit involving product liability it is claimed that injuries resulted from defective design or manufacturing and that the person injured was not adequately warned of the dangers associated with products.

In asbestos cases, defendants typically argue that they did not do anything recklessly and that their products are safe, even though doctors have long acknowledged that the use of asbestos lawyer-containing products is linked to various illnesses. In addition, companies who concealed asbestos's dangers to increase profits have been accused of attempting to cover up in attempting to block claims and trying to prevent workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence and did not use reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.

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

Once an asbestos case is filed, the two parties share information through a process called discovery. It can take several months, and may require lengthy interviews with coworkers or relatives, abatement employees and others in order to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs have an experienced lawyer handle their case. The law firm a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.

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

Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover the pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select an experienced mesothelioma law firm with experience in obtaining maximum damages for asbestos their clients.

Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. Evidence typically is found in internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but did not divulge this information to their workers or to the public.

A number of states have set a limit, known as a statute of limitations for the length of time asbestos victims can file a lawsuit. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to compensation.

The amount victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is and other aspects. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have dwindled, however others continue paying out substantial prizes. For instance, 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-related victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and whether the patient's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs need to prove they have a right to damages, including future and past medical costs, lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial can be lengthy. In the last decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can help victims understand how to proceed through the trial process and also explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is typically simple to identify the responsible parties. This is especially the case when an individual was exposed to more than one kind of asbestos in various locations. A mesothelioma lawyer with experience can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create an extensive list of companies, products and locations.

The cost of resolving asbestos claims eats up funds which could have been used to fund future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and therefore deserve more compensation.

Defendants can fight to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was no exposure. These motions need an exhaustive examination of the evidence and an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer could help to accelerate the case and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.