Asbestos Litigation

In courts all over the country asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung disease and damage through research.

It is essential that attorneys know how to identify asbestos-related materials in every case. This can be done by talking with co-workers collecting records, or studying samples from home or work sites.

Liability

You may be entitled to compensation when you or someone you care about is diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can make a claim for compensation or make an offer of settlement from the defendants in the case.

There are usually many defendants in a case involving asbestos due to the numerous mining companies that made asbestos (www.healthndream.com`s recent blog post) and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted as employers could also be liable for the injuries sustained by victims.

asbestos claim suits are typically governed by products liability laws which are based on the common law and state laws which permit damages to be recovered from the sellers of products if they cause injury. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or defective design and that the person who suffered injury wasn't adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can lead to different diseases. Additionally, companies that concealed asbestos's risks to increase profits have been accused of attempting to cover up in attempting to block claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.

A judge or jury can decide how to divide the responsibility among defendants when more than one defendant has been blamed for an asbestos-related injury. This process is referred to as apportionment. The apportionment does not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost of medical treatment for their illness and the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos was a risk and failed to inform consumers and workers about this risk.

An asbestos lawsuit may be filed by a victim or estate of a person who died from an asbestos-related disease such as mesothelioma. A person may bring a personal injury lawsuit to claim compensation for economic and Asbestos non-economic damages, such as emotional anxiety, loss of enjoyment of life as well as suffering and pain. In addition, the survivors of a family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed and the parties communicate information through the process of 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-related products.

Due to the complexity of asbestos litigation it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases.

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

If you have questions about filing an asbestos lawsuit, call 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 from all over the nation. Call or email us today to get started.

Settlements

If asbestos attorney victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases are often settled rather than go to trial, because it is cheaper and easier for defendants to settle the matter this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing material. In many cases the documents prove that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their employees or to the general public.

Many states set time limitations which are known as statutes of limitation on the time an asbestos victim must bring a lawsuit. The length of time varies between states, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed, the victim will lose their right to receive compensation.

The amount of compensation victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for those diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, such as the different methods of calculating damages and whether the patient's condition resulted from specific exposures.

In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical expenses as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often long. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma lawyer will help patients understand how to proceed during the trial process and can explain their legal rights 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 typically easy to determine the responsible parties involved, asbestos cases can be more complex. This is particularly true when the person has been exposed to asbestos in multiple places and at different dates. A seasoned mesothelioma attorney will interview witnesses such as co-workers, relatives, abatement workers and suppliers to create an exhaustive list of companies as well as their products and locations.

The expense of settling asbestos claims drains funds that could have been used to fund future cases. Many claimants also believe that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was no exposure. However the motions must be based on a thorough review of the evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to did not cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can assist to accelerate the process and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.