Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major problem. Research has shown that exposure to asbestos can cause lung damage and cause disease.

It is vital for an attorney to know how to identify asbestos-related materials in each case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover medical expenses, lost wages as well as other expenses associated with mesothelioma. You can make a claim for compensation or a settlement offer from the defendants in the case.

There are typically several defendants in an asbestos-related case because there are many mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos or who acted as employers could be held responsible for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be recovered against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or a flawed design, and that the injured party was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. In addition, companies who concealed the risks of asbestos to boost profits have been accused of attempting to cover up in attempting to block claims and by trying to prevent workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for compensatory and punitive 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. It is also claimed that the defendant knew asbestos was a danger and did not warn workers and consumers of this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related condition like mesothelioma. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, including emotional distress and suffering, loss of enjoyment life, and pain and suffering. Family members who have survived someone who has passed away due to an asbestos-related condition can make a claim for wrongful death.

After an asbestos case has been filed, the parties exchange information through the process of discovery. This process can last for a long time and may involve extensive interviews with co-workers family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is important that plaintiffs get an experienced lawyer handling their case. The law firm that a plaintiff or their family selects should have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants 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 well-known for our expertise to get the most compensation possible for our clients.

Contact us for a complimentary consultation if you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.

Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for defendants to settle the matter this way. Settlements can also prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into the medical records of their clients, work history 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 to build a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies negligence. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn't tell their workers or the general public.

Many states have set a time limitation, also known as a statute of limitations, for how long asbestos victims are allowed to make a claim. The durations vary by state, but typically range from one to two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive the severity of their condition is and other aspects. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos victims can also file claims with trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some trusts are empty, while others continue to award huge amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and if the victim's condition resulted from specific exposures.

In a court of law, asbestos plaintiffs be required to prove that they are entitled to damages including past and future medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially true when an individual has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create an extensive list of companies, products and locations.

There is a growing concern the expense of settling claims of asbestos victims who have been in the past is draining funds that could be used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation.

Plaintiffs in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma attorney can help accelerate the case and asbestos make sure that it doesn't become part of the long queue of cases that are awaiting the courts.