Asbestos Litigation

In courts all over the country asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able to identify asbestos in every case. This can be accomplished by talking with co-workers collecting records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related illness. You can either bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there are generally multiple defendants due to the fact that there are numerous mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos attorney-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be held responsible for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on common and state laws that permit damages to be recouped from sellers of products if those products cause injury to. In a product liability lawsuit it is claimed that the injuries occurred due to faulty design or mismanufacture and that the injured person was not adequately informed about the dangers of the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of engaging in a cover-up in attempting to block claims and by trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a jury or judge can decide how to divide the blame between them through a process known as apportionment. The apportionment doesn't affect the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

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

A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma may start an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life and suffering and pain. Family members of someone who died due to an asbestos-related illness can also pursue a wrongful-death lawsuit.

After an asbestos case is filed and a settlement is reached, both sides communicate information through the process of discovery. It can take several months and could require lengthy interviews with coworkers or relatives, abatement employees, and others to identify potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining maximum compensation for our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost 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 across the country. Contact us now to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may also cover pain and suffering.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for asbestos case their clients.

Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial mesothelioma lawyers are able to find evidence of asbestos-related companies negligence. Evidence usually comes in the form of internal memos, corporate documents, and the testimony of former employees who been exposed to asbestos-containing materials. In many cases the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their workers or to the public.

Many states set time limitations, called statutes of limitations which determine how long asbestos victims have to start a lawsuit. The durations vary by state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to a fair settlement.

The amount of compensation 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 costs when negotiating to ensure that patients have enough money for their medical bills. Asbestos victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma, asbestos-related diseases.

Some of these trusts have been depleted, but others continue to award huge amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced 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 resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and the possibility that a patient's condition was caused by an exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is typically lengthy. In the last decade mesothelioma cases, jury verdicts cases have risen significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed during the trial process and can explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation can be more complex. This is especially true if the person has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of employers, products and places.

The cost of resolving asbestos claims eats up funds that could have been used to fund future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.

In asbestos case cases, defendants can argue for dismissal of claims through summary judgment or a finding of no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma attorney can help speed up the process and make sure that it doesn't become part of the long backlog of cases in the courts.