Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the country. Research has proved that exposure to asbestos can cause lung damage as well as disease.

An attorney must be able recognize asbestos in each case. This can be done through talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be entitled to compensation. Compensation can pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can make a claim or offer an agreement to the defendants.

There are usually several defendants in a case involving asbestos because there are a variety of mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that made use of asbestos or who acted as employers could be held responsible for injuries to victims.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be sought against the sellers of products when those products cause injury to. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person injured was not properly warned of the dangers that could result from using the products.

The defendants in asbestos cases typically argue that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause different diseases. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of concealing the truth in attempting to block claims and also to stop workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide on how to split responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This is known as the apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos products can help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning it did not exercise reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn consumers and workers of this risk.

An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related condition such as mesothelioma. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional stress, loss of enjoyment of life and suffering and pain. Family members who are survivors of someone who died due to an asbestos-related illness can also make a claim for wrongful death.

Once an asbestos case is filed, the two parties exchange information via the process of discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.

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

If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. 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 throughout the United States. Call or email us today to get started.

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 provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that could be associated with a trial verdict. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes in the form of internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing material. In many instances documents, they show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge this information to their workers or the public.

Many states have set a time limit, also known as a statute of limitations, for how long asbestos victims are allowed to sue. These time periods vary between states, but typically range between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.

The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis as well as how serious their condition is and other aspects. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure patients have enough money to pay for their medical bills. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Certain trusts have been closed, but others continue to pay substantial prizes. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court of law, asbestos lawsuit plaintiffs have to prove that they are entitled to damages including future and past medical costs and lost wages, damages to property as well as pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have increased dramatically and far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help patients understand how to proceed in the court process and can explain their legal rights in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible parties, asbestos cases can be more complex. This is especially true when an individual was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create a detailed database of employers, products and locations.

There is a growing concern the expense of settling claims of asbestos lawyer victims who have been in the past is consuming funds which could be used to fund future cases. Some claimants also believe that settlements are not basing on actual injuries and should be compensated more.

The defendants in asbestos cases may fight to have claims dismissed by summary judgment or a finding of no exposure. These motions are, however, subject to an exhaustive examination of the evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can assist to speed up the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.