Asbestos Litigation

In the courts across the country asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung diseases and damage by research.

An attorney should be able recognize asbestos in every case. This can be accomplished by speaking with colleagues or obtaining records, as well as taking samples from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be entitled to compensation. Compensation can assist with the loss of wages medical costs, and other expenses that are associated with mesothelioma or an asbestos-related disease. You may choose to make a claim or offer an offer of settlement to the defendants.

In Asbestos lawyer cases, there are usually several defendants since there are numerous mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos or who were employers could be held liable for injuries to victims.

Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be sought against manufacturers of products if the products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically argue that they did not behave negligently and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can cause various diseases. Companies that hid asbestos risks to increase profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be responsible for a victim's asbestos case-related injuries the judge or jury could decide how to split the burden of responsibility among the defendants in a process referred to as allocation. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently and did not exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim, or the estate of a person who passed away from an asbestos-related illness like mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who has passed away due to an asbestos-related disease can file a wrongful deaths lawsuit.

Once an asbestos-related case is initiated, the parties exchange information in the process of discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others to identify potential defendants.

It is essential for plaintiffs to choose an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities of asbestos litigation and should be recognized by insurance companies and defendants for its experience in these cases.

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

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated 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 country. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is meant to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that may come with a trial verdict. It is essential to choose mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases, but did not divulge this information to their workers or the general public.

A number of states have set a time limit, also known as a statute of limitations for how long asbestos victims can make a claim. The length of time varies from state to state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to receive compensation.

The amount victims receive will depend on the asbestos-related diagnosis they receive, how severe their condition is, and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been depleted but others continue paying out substantial awards. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs will have to prove that they are entitled to damages, including future and past medical expenses, lost wages, damage to 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 jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the parties, asbestos cases are more complicated. This is especially true if a person was exposed to more than one kind of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create a detailed database of the companies, products and locations.

The expense of settling asbestos claims drains funds that could be used to pay for future cases. In addition, some claimants believe that settlements aren't based on actual injuries and deserve more in compensation.

In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a finding of no exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, asbestos lawyer a knowledgeable mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.