Asbestos Litigation

In courts all over the nation, asbestos litigation has been a major issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.

It is important for an attorney to know how to identify asbestos-related materials in each case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or asbestos law workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation can assist with the loss of wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit, or offer an offer of settlement to the defendants.

In asbestos cases, there are usually multiple defendants because there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos or who were employers could be held responsible for injuries sustained by 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 manufacturers of products if the products cause injury to. In a lawsuit involving product liability it is claimed that the injuries were caused by the design defect or manufacturing error and that the injured person was not adequately warned about the risks associated with the products.

In asbestos cases, defendants typically 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 can lead to a variety of diseases. Companies who concealed asbestos-related risks to increase profits were accused of cover-up, as they tried to block claims and keep workers from claiming financial compensation for injuries they sustained.

A judge or jury may decide how to divide the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is known as allocation. The apportionment doesn't affect the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatments for their disease, as well as lost wages because of being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos was a risk and failed to provide warnings to consumers and workers about the dangers.

The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma may start an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for other and economic damages including emotional distress, pain and suffering, and loss of enjoyment of the life. Additionally, the surviving family of someone who died from an asbestos-related disease may bring a wrongful death lawsuit.

When an asbestos-related case is filed and the parties exchange information in a process known as discovery. It can take several months and could require extensive interviews with colleagues, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm a victim or their family chooses be aware of the unique complexities involved in asbestos litigation and be acknowledged by insurers 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 success to get the most compensation possible for our clients.

If you have any questions regarding filing an asbestos compensation lawsuit, 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 country. Contact us via phone or email now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases tend to settle rather than going to trial, because it is less expensive and easier for the defendant company to settle the case in this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client's employment history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it in a strong mesothelioma case.

During pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases however they didn't inform their employees or the general public.

Many states have imposed a time limitation, also known as a statute of limitations for how long asbestos victims can make a claim. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to be compensated.

The amount of compensation a victim can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to pay substantial prizes. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For instance, there are differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.

In a court trial plaintiffs must demonstrate that they have the right to damages, such as past and future medical expenses such as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial can be lengthy. In the last decade, jury awards for mesothelioma have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially true if the victim was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile an exhaustive database of employers products, locations and other information.

There is a growing concern that the expense of settling claims from asbestos victims in the past is consuming funds which could be used to fund future cases. Some claimants are also of the opinion that settlements don't reflect the actual damage and that they should be compensated more.

Plaintiffs can challenge dismissal of Asbestos Law claims by obtaining summary judgment or a finding that there was not an exposure. These motions, however, require a thorough examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming part of the backlog in the courts.