Asbestos Litigation

In courts all over the country, asbestos litigation has been a major problem. Asbestos exposure is proven to cause lung disease and damage through research.

An attorney must be able to identify asbestos in every case. This can be done through conversations with coworkers in the office, collecting records, and taking samples from homes or asbestos lawsuit work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation may cover lost wages, medical costs and other costs related to mesothelioma. You can either file a lawsuit 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 produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for injuries to victims.

Asbestos suits typically fall under the law of product liability that are based upon the laws of the state and common law that permit damages to be recouped from the sellers of products if they cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the injured party was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. Companies that concealed asbestos-related risks to boost profits were accused of a cover-up. They tried to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the responsibility among them through a process known as allocation. The apportionment of liability does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages.

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

A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit - relevant website,. A person may make a claim for personal injury in order to obtain compensation for financial and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life. Family members who are survivors of those who have died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.

When an asbestos lawsuit has been filed, the parties share information through an process known as 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 crucial for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm the victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should be recognized 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 known for our ability to secure maximum compensation for our clients.

If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can also help with the cost of suffering and pain.

Asbestos cases usually settle rather than going to trial, as it is more cost-effective and easier for defendant companies to settle the matter in this manner. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is crucial to find mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client's past work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos-related companies' negligence. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their workers or the public.

Many states have set a time limitation, also known as a statute of limitations for how long asbestos-related victims can bring a lawsuit. The length of time varies between states, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.

The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos victims might also be able to file claims through trust funds established to help those diagnosed with mesothelioma, asbestos-related diseases.

Certain trusts have been closed, but others continue to award substantial awards. For example, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses, loss of earnings, property damage and pain and suffering and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial process can be long. In the last decade mesothelioma-related jury awards cases have increased significantly, and are far more than the amount given to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take through the trial process and also explain their rights under the law in a courtroom with an open door. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation where it is typically easy to determine the responsible parties, asbestos cases are more complicated. This is especially true when an individual has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma attorney is able to interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create a detailed database of the companies as well as their products and locations.

There is a growing concern that the expense of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. Some claimants also think that settlements aren't founded on actual injuries and therefore deserve more compensation.

The defendants in asbestos cases may seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can help speed up the process and ensure that it does not become part of the long queue of cases that are awaiting the courts.