Asbestos Litigation

In the courts across the nation asbestos litigation has been a major issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.

An attorney should be able to recognize asbestos in each case. This can be done by talking with co-workers, obtaining records, and studying samples from home or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you love has been diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You may choose to file a lawsuit or offer a settlement to the defendants.

There are usually several defendants in a case involving asbestos due to the numerous mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos claim-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted as employers could also be held responsible for the injuries sustained by victims.

Asbestos suits are typically governed by laws governing product liability which are based on the laws of the state and common law that permit damages to be recovered from sellers of goods when the products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a defective design, and the person injured was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often claim that they did not act in a negligent way and that their products are safe, even though doctors have long recognized that asbestos-containing products can lead to various diseases. Companies that hid asbestos risks to boost profits were accused of a cover-up. They tried to block claims and keep workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to divide responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is known as apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their illness and lost wages due to being unable to work. Victims can also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed in educating consumers and workers about this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for non-economic and asbestos lawsuit economic damages, including emotional suffering, loss of enjoyment of life, and pain and suffering. The surviving family members of those who have died due to an asbestos compensation-related illness can also bring a wrongful death lawsuit.

When an asbestos lawsuit has been filed, the two sides exchange information via the process known as discovery. This can last several months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to discover potential defendants as well as their asbestos-related products.

It is crucial that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm the victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

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

Contact us today for a no-obligation consultation If you have any concerns about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. The lawyers can then collect evidence and use it in an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses however they didn't inform their workers or the general public.

Many states set time limits known as statutes of limitations on the time asbestos victims have to make a claim. These time periods vary by state, but generally vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.

The amount of money victims will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Certain trusts have been depleted but others continue to pay out large payouts. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.

In a court of law, plaintiffs will have to prove that they have a right to damages, including past and future medical costs and lost wages, damages to property as well as pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process is often long. Over the past 10 years mesothelioma cases, jury verdicts cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can 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 litigation involving car accidents, where it is generally simple to identify the responsible parties. This is particularly true when a person was exposed to more than one type of asbestos in various locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile a detailed database of employers products, locations and other information.

The expense of settling asbestos claims eats up funds which could be used to pay for future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and should be compensated more.

Defendants can fight to dismiss asbestos claims using summary judgment or a finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.