Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney should be able identify asbestos in every case. This can be done through talking to co-workers, getting records, or analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can be used to pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can either file a lawsuit or offer an offer of settlement to the defendants.

In asbestos settlement cases, there are typically multiple defendants because there are a variety of mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in an employer capacity may also be accountable for injuries sustained by victims.

Asbestos suits often fall under products liability laws that are based on the laws of the state and common law which permit damages to be recovered from the seller of a product when they cause injury. In a suit for product liability it is claimed that injuries were caused due to the design defect or manufacturing error and that the person injured was not adequately informed about the dangers associated with products.

In asbestos cases, defendants typically claim that they did not behave negligently and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products is linked to various illnesses. Companies that concealed asbestos-related risks to boost profits were accused of cover-up, and they attempted to deny claims and block workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to allocate the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment process does not alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a business that produced or sold asbestos products can aid victims in recovering compensation for their losses. This includes the expense of medical treatment for their disease, as well as lost wages due to being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about this risk.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related condition such as mesothelioma. A person may file a lawsuit for personal injury to claim compensation for damages arising from economic or other causes, such as emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of a person who died from an asbestos-related illness can bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two sides exchange information via a process called discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer handling their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in these cases.

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

Contact us for a free consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. The money is intended to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial because it is cheaper and easier for defendants to settle the matter in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is important to hire mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence and use it to build a strong mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes from internal memos, corporate documents and testimony of former employees who been exposed to asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their employees or to the general public.

A number of states have time limits which are known as statutes of limitation on the time asbestos victims have to start a lawsuit. These time periods vary by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to receive compensation.

The amount victims receive will depend on the diagnosis of their asbestos-related disease and how severe their condition is, asbestos litigation as well as other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough money to pay for their medical bills. Asbestos victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some trusts are depleted, but some continue to pay substantial awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after 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 a settlement offer. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages including past and future medical expenses, lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The process of trial is usually long. In the last 10 years mesothelioma cases, jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A lawyer with experience 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 especially true when an individual has been exposed to asbestos in more than one location and at different dates. A mesothelioma lawyer with experience can speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a detailed list of companies products, locations and other information.

There is growing concern that the expense of settling claims from asbestos victims in the past is consuming funds that 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.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a determination of no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma attorney can help speed up the process and ensure that it does not become part of the aforementioned long backlog of cases in courts.