Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the country. Research has proven that asbestos exposure can cause lung damage and illness.

It is important that attorneys know how to identify asbestos products in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as studying samples from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos settlement (recommended)-related illness, you may be eligible for compensation. Compensation may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

There are usually several defendants in an asbestos-related case due to the numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be liable for injuries sustained by victims.

Asbestos lawsuits are often categorized under products liability laws which are based on the laws of the state and common law which permit damages to be recouped from sellers of goods when the products cause injury. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a flawed design, and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Companies that hid asbestos risks to boost profits were accused of cover-up as they sought to deny claims and block workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit against a business that produced or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their illness and the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.

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

A victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma are able to make an asbestos lawsuit. A person can start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment the life. In addition, the survivor family members of someone who passed away from an asbestos-related illness can bring a wrongful death lawsuit.

After an asbestos case is filed the parties share information in a process called 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 essential for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in asbestos cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise to get the most compensation possible for our clients.

If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us via phone or email today to start your journey.

Settlements

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

Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that can come with a verdict at trial. It is crucial to select mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.

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

Many states have imposed a time limit, referred to a statute of limitations, to determine the length of time asbestos victims can make a claim. These time periods vary 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 compensation.

The amount of compensation a victim can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds established for those diagnosed with mesothelioma or other asbestos-related diseases.

Certain trusts are exhausted, but others continue to award large amounts of money. 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 made by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For asbestos settlement example, there may be differences in the calculation of damages, asbestos settlement and whether the condition of a victim is caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses and lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injuries. The trial process can be lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help patients understand how to proceed through the trial process and also explain their legal rights in a public courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complex than car accident litigation where it is often simple to identify the responsible parties. This is especially true if an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or asbestos workers, to build a database of employers, products, and the locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Some claimants also believe that settlements don't reflect actual injuries, and they deserve more compensation.

In asbestos claim cases, defendants can argue for dismissal of claims through summary judgment or a determination of no exposure. These motions require an extensive examination of evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a burden in the courts.