Asbestos Litigation

In the courts across the country, asbestos litigation has been a significant issue. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney must be able to recognize asbestos in each case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation may cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case.

There are typically many defendants in an asbestos-related case due to the numerous mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in the capacity of an employer could also be liable for the injuries sustained by victims.

Asbestos lawsuits are often categorized under laws governing product liability that are based on the laws of the state and common law that allow for damages to be recouped from sellers of goods when those products cause injuries. In a suit for product liability it is claimed that the injuries were caused due to faulty design or mismanufacture and that the person injured was not adequately informed about the dangers associated with the products.

The defendants in asbestos cases typically argue that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to various diseases. Companies that hid asbestos risks to increase profits were accused of cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the burden of responsibility among them in a process known as the apportionment. The apportionment does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.

An asbestos lawsuit could be filed by a victim, or the estate of a person who has died from an asbestos-related illness such as mesothelioma. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional anxiety and loss of enjoyment of life as well as suffering and pain. In addition, the survivor family members of someone who passed away from an asbestos-related disease can make a claim for wrongful death.

Once an asbestos case has been filed and the parties exchange information in the process known as discovery. It can take several months and may include extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs hire an experienced lawyer handling their case. The law firm a victim or their family chooses to work with should be aware of the unique complexities of asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to get the most compensation possible for clients.

If you have questions about filing an asbestos suit, contact 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 country. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause for their condition. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases, but didn't disclose this information to their employees or to the general public.

Many states have imposed a time limit, also known as a statute of limitations, for how long asbestos victims are allowed to sue. These time periods vary from state to state but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their right to compensation.

The amount of compensation victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients receive enough funds to pay for medical expenses. Asbestos-related victims can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been closed, but others continue paying out substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved 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 a specific exposure.

In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses, loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial can be lengthy. In the past decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take in the trial process and also explain their rights under the law in a courtroom with an open door. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is generally simple to identify the responsible parties. This is especially true when a person has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to compile a database of products, employers and places.

The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. Some claimants believe that settlements don't reflect actual injuries, and they are entitled to more compensation.

Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or asbestos lawsuit by finding that there was not an exposure. These motions, however, require an extensive examination of evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a part of the backlog in the courts.