Asbestos Litigation

In courts all over the nation, asbestos litigation is a huge issue. Asbestos exposure has been proved to cause lung disease and damage through research.

It is crucial for an attorney to understand how to spot asbestos products in each case. This can be accomplished by speaking to colleagues, obtaining records, or analyzing samples taken from home or workplaces.

Liability

You could be eligible for compensation when you or someone you love is diagnosed with a condition related to asbestos. Compensation may cover medical expenses, lost wages as well as other expenses associated with mesothelioma. You can either file a lawsuit or offer an agreement to the defendants.

There are typically multiple defendants in an asbestos-related case due to the numerous mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos compensation-using mines, manufacturers or as employers could also be liable for the injuries of victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the person injured was not adequately warned of the dangers that could result from using the 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 known for a long time that asbestos-containing products have been linked to a variety of diseases. Companies that hid asbestos dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from seeking financial compensation for injuries they sustained.

A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos lawsuit-related injury. This process is called allocation. The apportionment process does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

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

The lawsuit asserts that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a danger and did not inform consumers and workers of this risk.

The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person may start a personal injury suit to claim compensation for economic and non-economic damages, including emotional stress and loss of enjoyment of life and pain and suffering. Additionally, the surviving family members of a deceased person from an asbestos-related illness can bring a wrongful death lawsuit.

When an asbestos-related case is filed and the parties exchange information in the process of discovery. This process can last for a long time, and may require extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their family chooses must understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to secure maximum compensation for our clients.

Contact us today for a no-obligation consultation should you have any questions about filing a lawsuit involving asbestos. 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 all over the country. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is intended to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover pain and suffering.

Asbestos cases are usually 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 also can help prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

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

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form internal memos, corporate documents and the testimony of former employees who have been exposed to asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related ailments, but didn't disclose this information to their employees or to the public.

Many states have set a time limitation, also known as a statute of limitations, to determine the length of time asbestos victims can file a lawsuit. The time frames vary from state to state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their right to be compensated.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease as well as how serious their condition is and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos-related victims can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related ailments.

Certain trusts have dwindled, however others continue paying out substantial awards. For example, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, like the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial plaintiffs must demonstrate that they are entitled to damages, such as past and future medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the past decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the individuals involved, Asbestos lawsuit asbestos litigation are more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile a detailed database of the companies, products and locations.

The expense of settling asbestos claims eats away funds which could have been used to pay future cases. Some claimants are also of the opinion that settlements do not reflect the actual damage and that they should be compensated more.

In asbestos cases, defendants can contest claims to dismiss them through the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming a backlog in the courts.