Asbestos Litigation

In courts all over the country, asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung diseases and damage by research.

An attorney must be able recognize asbestos in every case. This can be accomplished by speaking with colleagues in the office, collecting records, and analysing samples taken from homes or work sites.

Liability

If you or a loved one is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit or offer a settlement to the defendants.

There are typically several defendants in an Asbestos Attorney case because there are many mining companies who produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted as employers could be held accountable for the injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be awarded against sellers of products if those products cause injuries. In a product liability lawsuit, it is alleged the injuries occurred due to the design defect or manufacturing error and that the person injured was not adequately warned about the dangers associated with products.

In asbestos cases, defendants often argue that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to various diseases. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up as they sought to block claims and keep workers from claiming an amount of compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide on how to divide the responsibility between them through a process known as allocation. The apportionment process does not alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a company that manufactured or sold asbestos can help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also be awarded punitive and compensatory damages.

The lawsuit alleges the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos lawyer was dangerous and failed to inform consumers and workers of this risk.

An asbestos lawsuit could be filed by a victim or estate of a deceased person from an asbestos-related condition such as mesothelioma. A person can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional suffering and loss of enjoyment of life, and pain and suffering. Family members of those who have died due to an asbestos-related illness can also bring a wrongful death lawsuit.

After an asbestos lawsuit is filed the parties share information in the process of discovery. This may take a few months and may involve extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known as a firm that can secure maximum compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us by phone or email today to start your journey.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them to dangerous substances. The money is intended to help the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is important to hire an attorney for mesothelioma who has experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. The lawyers can then collect evidence to use in a strong mesothelioma case.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually is found in internal memos, corporate documents and testimony of former employees who been exposed to asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos legal-related ailments, but didn't disclose this information to their workers or to the public.

Many states set time limitations known as statutes of limitations, on how long an asbestos victim can start a lawsuit. The time frames vary from state to state, but they typically vary between one and two years. If the statute of limitation expires before a case for mesothelioma is filed, victims will lose the right to receive compensation.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts are exhausted, but others continue to award huge amounts of money. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, such as differences in the method of calculating damages and if the victim's condition was caused by specific exposures.

In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial process can be long. In the last 10 years, jury awards in mesothelioma cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand how to proceed in the trial procedure and will explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is generally easy to identify the responsible parties. This is especially true when an individual was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney can interview witnesses like coworkers and relatives, Asbestos Attorney abatement workers and suppliers to compile an extensive list of companies products, locations and other information.

There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds which could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries, and they are entitled to a higher amount of compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. These motions are, however, subject to an exhaustive examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.