Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the country. Asbestos exposure is proven to cause lung damage and lung disease through research.

An attorney should be able identify asbestos in each case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a disease related to asbestos. Compensation can help with lost wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

There are usually many defendants in an asbestos attorney case 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-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or as employers could also be liable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law, which is based on state and common laws that permit damages to be recovered against manufacturers of products if the products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a defective design, and the person injured was not adequately warned about the risks that came with using the products.

The defendants in asbestos cases typically claim that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various illnesses. Moreover, companies that hid asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the responsibility among the defendants in a process referred to as apportionment. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims receive compensation for asbestos claim the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and Asbestos claim workers about the risk.

An asbestos lawsuit could be filed by a victim, or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress or pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

After an asbestos case is filed, the two sides exchange information in an process known as discovery. This may take a few months and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify possible defendants and their asbestos claim-related products.

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

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known as a firm that can secure the highest amount of compensation for our clients.

If you have any questions about filing an asbestos suit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by phone or email now to get started.

Settlements

If asbestos legal victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous 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 the suffering and pain.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that comes when a jury verdict is handed down. It is important to hire a mesothelioma lawyer who has expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. Lawyers can then collect evidence and use it to build a strong mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases however they didn't inform their employees or the general public.

Many states set time limits, called statutes of limitations on the time an asbestos victim can file a lawsuit. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their right to receive compensation.

The amount of compensation victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other costs when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some trusts are depleted, but others still pay substantial awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.

In a trial, plaintiffs must show that they are entitled to damages, which include future and past medical expenses as well as lost wages, property damage and pain and suffering and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process is often long. In the past decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed in the trial process and can explain their rights under the law in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation where it is usually easy to identify responsible parties. This is particularly true when someone has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile a comprehensive database of employers products, locations and other information.

The cost of resolving asbestos claims eats up funds which could be used to pay future cases. Some claimants believe that settlements do not reflect the actual damage and that they deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and keep the case from becoming a part of the backlog in the courts.