Asbestos Litigation

A significant amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung damage and lung disease by research.

It is vital that attorneys know how to identify asbestos-related materials in each case. This can be accomplished by talking to co-workers, getting documents, or by analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

There are usually many defendants in asbestos cases 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-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in an employer capacity may also be accountable for the injuries of victims.

Asbestos suits typically fall under the law of product liability that are based upon common and state laws that permit damages to be recovered from the seller of a product 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 flawed design, and that the person who suffered injury wasn't adequately warned of the risks that came with using the products.

The defendants in asbestos cases typically argue that they did not do anything in a negligent manner and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up, as they tried to block claims and keep workers from claiming financial compensation for their injuries.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility between them in a process called the apportionment. The apportionment process does not alter the amount of compensation plaintiffs can receive from the defendants.

Damages

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

The lawsuit alleges that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos was a risk and failed to inform consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma could make an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for financial and other damages that include emotional distress and pain and suffering and loss of enjoyment of the life of. Family members who have survived those who have died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the parties share information through an process known as discovery. This can last several months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others to determine possible defendants and their Asbestos Claim-related products.

Due to the complexity of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handle their case. The law firm that a victim or their family selects should be aware of the particular complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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

If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. This money is meant to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover the cost of suffering and pain.

Asbestos cases often settle rather than going to trial, because it is easier and cheaper for the defendant company to settle the matter this way. Settlements can also help avoid the negative publicity that comes when a jury verdict is handed down. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into the history of their clients' employment, Asbestos Claim medical records 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 to use in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses however, they didn't tell their employees or the general public.

There are many states that set time limits, called statutes of limitations, on how long asbestos victims have to make a claim. The length of time varies by state, but usually range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma can be filed, victims will lose the right to compensation.

The amount of money victims can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims can also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some trusts are closed, while others continue to pay out substantial awards. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, like the various ways to calculate damages and whether the victim's condition was caused by specific exposures.

In a court of law, plaintiffs need to prove they are entitled to damages, including past and future medical expenses loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial can be lengthy. In the last 10 years, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the trial procedure and will explain their rights under the law in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the parties, asbestos cases can be more complicated. This is especially true if a person was exposed to more than one type of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to create an inventory of companies, products and locations.

There is growing concern that the cost of resolving claims from asbestos victims in the past can drain funds that could be used to pay for future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.

The defendants in asbestos cases may seek to dismiss claims through summary judgment or a finding of no exposure. However, these motions require an extensive review of evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in courts.