Asbestos Litigation

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

An attorney must be able to identify asbestos in every case. This can be done by speaking with colleagues or obtaining records, as well as studying samples from home or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma. You can start a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there will be several defendants since there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted as employers could also be held responsible for the injuries sustained by victims.

Asbestos suits are typically governed by products liability laws that are based upon the common law and state laws that allow for damages to be recovered from sellers of goods when the products cause injury. In a product liability suit it is claimed that injuries were caused by the design defect or manufacturing error and that the person injured was not adequately informed about the risks associated with the products.

The defendants in asbestos cases typically argue that they didn't act negligently and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various illnesses. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue in attempting to block claims and trying to stop workers from seeking compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the responsibility among the defendants in a process referred to as the apportionment. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that produced or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment for their condition and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

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

An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died due to an asbestos-related illness, such as mesothelioma. A person may bring a lawsuit for personal injury in order to obtain compensation for economic and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life. In addition, the surviving family members of someone who passed away from an asbestos claim-related disease can file a wrongful death lawsuit.

Once an asbestos case has been filed and the parties share information in the process known as discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handle their case. The law firm the victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to get the most compensation possible for clients.

Contact us for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. 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 all over the country. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, asbestos case they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that may come with a verdict at trial. It is essential to choose an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documents and statements of former employees who worked with asbestos-containing material. These documents usually show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases but did not inform their employees or the general public.

Many states have set a time limit, referred to a statute of limitations, to determine how long asbestos victims can file a lawsuit. The time frames vary from state to state, but they typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose their right to compensation.

The amount of compensation victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure patients have enough money to pay for their medical expenses. Asbestos victims might also be able to file claims through trust funds created for patients diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts are empty, while some continue to pay huge amounts of money. For example, in 2018 a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that aren't resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition was caused by a specific exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical costs loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically long. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the steps to take in the court process and explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to determine the responsible parties, asbestos cases are more complicated. This is particularly true if someone has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma attorney is able to speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile an exhaustive list of companies as well as their products and locations.

There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past has a negative impact on funds which could be used to fund future cases. Some claimants also believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

The defendants can seek to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However the motions must be based on an in-depth review of the evidence and a professional opinion that the doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming part of the backlog in the courts.