Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung damage and lung disease by research.

An attorney should be able recognize asbestos in every case. This can be accomplished by talking with co-workers, obtaining records, and analyzing samples from homes or asbestos lawsuit work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be qualified for compensation. Compensation can help with lost wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related illness. You may choose to file a lawsuit or offer a settlement to the defendants.

In asbestos cases, there will be multiple defendants because there are numerous mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that permit damages to be recovered against manufacturers of products if the products cause injuries. In a product liability lawsuit, it is alleged the injuries were caused by defective design or manufacturing and that the victim was not adequately warned about the risks associated with the products.

Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products are safe, even though doctors have long recognized that asbestos-containing products can lead to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up as they sought to deny claims and block workers from claiming financial compensation for their injuries.

A judge or jury may decide on how to split responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their illness as well as the loss of earnings due to the inability to work. Victims can also be awarded punitive and compensatory damages.

The lawsuit claims that the defendant acted negligently, meaning it did not use reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person may make a personal injury claim to seek compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life, and pain and suffering. Family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.

When an asbestos-related case is filed and a settlement is reached, both sides exchange information in the process of discovery. This can last several months and could require extensive interviews with co-workers or relatives, abatement employees and others in order to identify potential defendants and their asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family selects should be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

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

Contact us today for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated from a trial verdict. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then collect evidence and use it to construct a mesothelioma case that is strong and successful.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases, these documents show that asbestos producers knew about the risks of mesothelioma and other asbestos-related illnesses but did not disclose the information to their employees or the public.

Many states have imposed a time limitation, also known as a statute of limitations for how long asbestos victims can sue. The length of time varies by state, but generally vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to a fair settlement.

The amount victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds to pay for medical expenses. Asbestos victims can also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been closed, while others continue to pay out huge amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, including future and past medical expenses, loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma-related jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is typically simple to identify the responsible parties. This is particularly true when an individual has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create a comprehensive database of the companies products, locations and other information.

The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. Additionally, some claimants believe that settlements aren't just based on injuries that actually occurred and deserve more in compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was no exposure. However, these motions require an exhaustive review of the evidence and an expert opinion that the doses of asbestos the plaintiff received did not cause mesothelioma. A mesothelioma lawyer can help accelerate the process and prevent the case from becoming a burden in the courts.