Asbestos Litigation

A significant amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage and cause disease.

An attorney should be able to identify asbestos in every case. This can be done through discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make an offer of settlement from the defendants in the case.

There are usually several defendants in a case involving asbestos because there are a variety of mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos Claim-contaminated properties. Businesses that provided 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 product liability laws that are based on the laws of the state and common law that allow for damages to be recovered from sellers of goods when those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the victim was not adequately warned of the dangers that could result from using the products.

Defendants in asbestos cases often claim that they didn't act in a negligent way and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to various diseases. Additionally, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue by trying to thwart claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for the victim's asbestos-related injuries, a judge or jury may determine how to divide the burden of responsibility among them in a process called apportionment. The apportionment will not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

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

A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma could start an asbestos lawsuit. A person can bring a lawsuit for personal injury in order to obtain compensation for other and economic damages including emotional distress or pain and suffering and loss of enjoyment the life. In addition, the survivor family members of someone who passed away from an asbestos attorney-related illness can pursue a wrongful-death lawsuit.

Once an asbestos case is initiated, the parties exchange information through the process known as discovery. This can last several months, and may require extensive interviews with colleagues family members, abatement workers, relatives, and others to identify potential defendants and asbestos-related products.

It is crucial for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that the victim or their family chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our skill in obtaining maximum compensation for our clients.

If you have any questions about filing an asbestos suit, contact us for a free consultation. We are committed 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 country. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is intended to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases are often settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that may come with a verdict at trial. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause for their condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing material. In many instances, these documents show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related illnesses but did not divulge this information to their employees or the general public.

Many states set time limits known as statutes of limitations which determine how long an asbestos victim has to file a lawsuit. The length of time varies from state-to-state, but typically range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.

The amount victims can receive depends on their asbestos-disease diagnosis and how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to pay out large prizes. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses such as lost 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 injuries. The trial process is typically long. In the last decade mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount given to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take in the trial process and can explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is especially the case when an individual was exposed to more than one type of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and Asbestos Claim suppliers to compile an extensive list of companies as well as their products and locations.

There is growing concern that the expense of settling claims from asbestos victims in the past is draining funds that could be used to pay for future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.

Plaintiffs in asbestos cases can fight to have claims dismissed through summary judgment or a finding of no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming a backlog in the courts.