Asbestos Litigation

In the courts across the country asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage as well as disease.

It is vital for an attorney to know how to spot asbestos products in every case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can cover medical expenses, lost wages and other costs associated with mesothelioma. You can either file a lawsuit or offer an agreement to the defendants.

There are typically several defendants in an asbestos-related case because there are a variety of mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or asbestos litigation have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for injuries sustained by victims.

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

The defendants in asbestos cases typically argue that they did not behave in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing products is linked to various diseases. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of concealing the truth by trying to thwart claims and trying to block workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide on how to split the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This process is known as the apportionment. The apportionment of liability does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that produced or sold asbestos could help victims recover compensation. This includes the expense of medical treatment for their disease and lost earnings due to the inability to work. Victims may also receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the risk.

An asbestos lawsuit may be filed by a victim or estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person can start a lawsuit claiming personal injury to seek compensation for economic and other damages, such as emotional distress, pain and suffering, and loss of enjoyment of the life of. The surviving family members of someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos case is filed, the two parties exchange information in an process known as discovery. This may take a few months and could require extensive interviews with co-workers and relatives, abatement workers, and others to identify potential defendants and asbestos-related products.

It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos lawyer litigation. The law firm a victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.

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

If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that may come with a verdict at trial. It is crucial to find a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically is found in internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases but did not divulge the information to their employees or the public.

A number of states have set a limit, also known as a statute of limitations for how long asbestos victims can sue. The durations vary by state, but typically range from one to two years. If the statute of limitations expires before a case for mesothelioma can be filed, victims will lose the right to compensation.

The amount of compensation a victim 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 funds for their medical bills. Asbestos victims might also be able to claim through trust funds set up to help those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been closed, but others continue paying out substantial awards. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and if the victim's condition was caused by specific exposures.

In a trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma jury awards cases have risen significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when a person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers to compile a database of companies, products, and places.

There is growing concern that the expense of settling claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. Some claimants also believe that settlements should be based on actual injuries and should be compensated more.

Plaintiffs in asbestos cases can seek to dismiss claims through summary judgment or a finding of no exposure. These motions, however, require an in-depth examination of the evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma attorney can help accelerate the case and make sure that it doesn't become part of the long queue of cases that are awaiting the courts.