Asbestos Litigation

A large amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung disease and damage through research.

An attorney should be able identify asbestos in each case. This can be accomplished by talking with co-workers or obtaining records, as well as studying samples from home or workplaces.

Liability

You could be eligible for compensation when you or someone you love has been diagnosed with a disease related to asbestos. Compensation can pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can either start a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there are typically multiple defendants because there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used Asbestos Law, or acted as employers could be held liable for the victims' injuries.

Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be sought against manufacturers of products if the products cause injuries. In a lawsuit involving product liability, it is alleged the injuries were caused by defective design or manufacturing and that the person injured was not adequately warned of the dangers associated with products.

In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that concealed asbestos-related risks to boost profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury may determine how to divide the burden of responsibility among them in a process known as apportionment. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.

Damages

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

The lawsuit claims that the defendant acted with negligence which means that it did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about this risk.

A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma can start an asbestos lawsuit. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional suffering and suffering, loss of enjoyment life as well as pain and suffering. The surviving family members of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos-related case is initiated, the parties exchange information via an process known as discovery. This process can last for a long time, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses be aware of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases.

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

Contact us for a free consultation for any questions about filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. This money is meant to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial, because it is easier and cheaper for the defendant company to settle the matter in this manner. Settlements also prevent negative publicity that could be associated when a verdict is handed down. It is important to hire mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's employment history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then collect evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing products. These documents usually show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases however, they didn't tell their workers or the general public.

Many states have set a limit, referred to a statute of limitations, to determine the length of time asbestos victims can sue. The time frames vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to be compensated.

The amount victims can receive depends on the diagnosis of their asbestos-related disease the severity of their condition is, as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma, asbestos law-related diseases.

Certain trusts have been closed, but others continue to pay out large payouts. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, such as differences in how to calculate damages and whether the condition resulted from specific exposures.

In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses, lost wages, property damages and pain and asbestos law suffering and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial can take a long time. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take in the court process and can explain their rights under the law in a public courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is generally simple to identify the responsible parties. This is particularly true if the person has been exposed to asbestos settlement in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create a database of products, employers, and the locations.

The cost of resolving asbestos claims drains funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they should be compensated more.

Defendants can fight to dismiss asbestos claims using summary judgment or a finding that there was not an exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma attorney can help speed up the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.