Asbestos Litigation

A large amount of asbestos-related litigation has been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and illness.

It is important for attorneys to know how to recognize asbestos-related products in every case. This can be done by talking with co-workers in the office, collecting records, and studying samples from home or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness You may be entitled to compensation. Compensation may help pay for lost wages medical costs, and other costs associated with mesothelioma or another asbestos-related illness. You may choose to make a claim or offer an offer of settlement to the defendants.

There are typically multiple defendants in an asbestos-related case because there are many mining companies that produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in a position of employer could also be liable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that permit damages to be sought against manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the injured party was not adequately warned of the risks associated with using the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a variety of diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up. They tried to thwart claims and stop workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for the victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility between them through a process known as the apportionment. The apportionment of liability will not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensation and punitive damages.

The lawsuit claims that the defendant acted with negligence which means that it did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about the dangers.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who died due to an asbestos-related illness, like mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for economic and other damages, such as emotional distress, pain and suffering, and loss of enjoyment the life. Family members who are survivors of someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit.

After an asbestos case is filed, the two parties exchange information in the process of discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers, and asbestos others in order to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure maximum compensation for our clients.

Contact us for a complimentary consultation for any questions about filing a lawsuit involving asbestos. We are dedicated 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 across the nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. This money is meant to help the family of the victim with financial losses resulting from the asbestos exposure. Compensation can cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated from a trial verdict. It is crucial to select an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence to use in a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually is found in internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos settlement-related diseases however they didn't inform their workers or the general public.

A number of states have set a limit, referred to a statute of limitations, on how long asbestos-related victims can sue. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed, the victim will lose their right to receive compensation.

The amount of money victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or Asbestos other asbestos-related diseases.

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

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical costs loss of wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially true when an individual was exposed to more than one type of asbestos in various locations. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile an extensive database of employers as well as their products and locations.

The cost of resolving asbestos claims eats away funds that could have been used to pay future cases. In addition, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment or a finding that there was no exposure. These motions require an exhaustive examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it does not become part of the lengthy backlog of cases in courts.