Asbestos Litigation

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

It is vital that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by talking with co-workers, obtaining records, and taking samples from homes or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you may be entitled to compensation. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can make a claim for compensation or a settlement offer from the defendants in the case.

In asbestos cases, there are generally several defendants since there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in the capacity of an employer could be held accountable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law which is built on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a lawsuit involving product liability where the injuries resulted from an ineffective design or fabrication, and that the victim wasn't adequately warned about the dangers associated with products.

In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a range of illnesses. Companies that hid asbestos dangers to increase profits were accused of cover-up as they sought to thwart claims and stop workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to distribute responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is known as allocation. The apportionment does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos could assist victims to recover compensation. This includes the expense of medical treatment for their disease and lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person can file a lawsuit for asbestos lawsuit personal injury to seek compensation for economic and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.

When an asbestos lawsuit is filed, the two parties exchange information through a process called discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is crucial that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success to get the most compensation possible for our clients.

If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are dedicated 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 from all over the country. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases are typically settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is essential to choose an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related ailments, but did not disclose this information to their workers or the general public.

Many states have set a limit, known as a statute of limitations, on the length of time asbestos victims can bring a lawsuit. The time frames vary between states, but are typically between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed, the victim will lose their right to compensation.

The amount of money victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay for medical expenses. Asbestos victims might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have dwindled, however others continue to pay out large payouts. In 2018, for instance an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the victim's condition resulted from specific exposures.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical expenses loss of wages, damages to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma-related jury awards cases have increased dramatically and asbestos lawsuit far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true when a person was exposed to more than one kind of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or abatement workers to compile an inventory of products, employers and the locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past is consuming funds that could be used to fund future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.

The defendants in asbestos cases may seek to dismiss claims by summary judgment or a determination of no exposure. However these motions require an extensive review of evidence and an expert opinion that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and avoid the case from becoming part of the backlog in the courts.