Asbestos Litigation

A significant amount of asbestos litigation has been dealt with in courts across the nation. Research has shown that asbestos exposure can cause lung damage and cause disease.

It is important for an attorney to understand how to spot asbestos products in each case. This can be accomplished by speaking with colleagues collecting records, or analysing samples taken from homes or work sites.

Liability

You could be eligible for compensation if you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can either make a claim or offer a settlement to the defendants.

In asbestos cases, asbestos there are typically multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted as employers could also be liable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be recovered against the sellers of products when those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries resulted from faulty design or mismanufacture and that the person injured was not adequately informed about the dangers associated with the products.

In asbestos cases, defendants often claim 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 range of illnesses. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up, and they attempted to deny claims and block workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a jury or judge may determine how to divide the responsibility between them through a process known as allocation. The apportionment doesn't alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatment for their disease as well as the loss of wages due to inability to work. Victims may also receive compensatory and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about this risk.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. A person can start a lawsuit claiming personal injury to seek compensation for financial and other damages that include emotional distress, pain and suffering, and loss of enjoyment of the life. Family members who are survivors of someone who has died from an asbestos-related illness may also pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, both sides communicate information through a process known as discovery. This may take a few months and could require extensive interviews with co-workers and relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

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

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

If you have questions about filing an asbestos lawsuit, please contact 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 across the country. Contact us via phone or email today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful 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 can also help with suffering and pain.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also reduce the negative publicity that can come when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover 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. These documents usually show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related diseases, but didn't tell their workers or the general public.

A number of states have set a limitation, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The length of time varies from state to state but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to receive compensation.

The amount victims receive will depend on the asbestos-related diagnosis they receive the severity of their condition is, as well as other aspects. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts have been depleted but others continue to award substantial prizes. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by a particular exposure.

In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical costs, lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma juries' awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process and explain their legal right in an open courtroom. A lawyer with experience can also help to identify potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is usually easy to identify responsible parties. This is particularly true if the person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, or abatement workers to compile a database of products, employers, and the locations.

There is a growing concern that the cost of settling claims from past asbestos victims is draining funds that could be used to pay for future cases. Some claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. These motions need a thorough examination of the evidence as well as an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming part of the backlog in the courts.