Asbestos Litigation

A large amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been shown to cause lung disease and damage through research.

An attorney should be able recognize asbestos in each case. This can be done by chatting with colleagues, obtaining records, and analysing samples taken from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement from the defendants in the case.

In asbestos cases, there will be multiple defendants as there are many mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or acted as employers may also be accountable for injuries suffered by victims.

Asbestos suits are typically governed by laws governing product liability, which are based on the common law and state laws that allow for damages to be recouped from sellers of goods when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the person who suffered injury was not adequately warned about the risks that came with using the products.

In asbestos compensation 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 are linked to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers to increase profits have been accused of attempting to cover up by trying to thwart claims and trying to prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the blame between them in a process known as allocation. The apportionment doesn't affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the expense of medical treatment for their illness, as well as lost wages because of being unable to work. Victims may also receive punitive and compensatory damages.

The lawsuit claims that the defendant acted with negligence in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and asbestos failed to provide warnings to consumers and workers about this risk.

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person can file a lawsuit for personal injury in order to obtain compensation for other and economic damages including emotional distress, pain and suffering, and loss of enjoyment the life. In addition, the survivors of a family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

After an asbestos case is filed, both sides communicate information through the process of discovery. It can take several months and could require extensive interviews with co-workers family members, abatement workers, relatives and others to discover possible defendants and their asbestos-related products.

It is essential that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. This money is meant to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come with a verdict at trial. It is essential to choose mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos producers knew about mesothelioma's risks and other asbestos-related ailments, however, they did not communicate this information to their employees or the general public.

Many states set time limitations known as statutes of limitations that define how long an asbestos victim must make a claim. These deadlines vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a suit for mesothelioma has been filed, victims will lose their right to compensation.

The amount of money victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma as well as other asbestos-related diseases.

Some trusts are depleted, but others continue to pay out large amounts of money. In 2018 the federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs need to prove they are entitled to damages including future and past medical expenses as well as lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. As opposed to the litigation in car accidents where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complicated. This is especially true if someone has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney can speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile a comprehensive list of companies, products and locations.

The cost of resolving asbestos claims drains funds that could be used to pay future cases. Many claimants also believe that settlements don't reflect the actual damage and that they deserve more compensation.

Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in the courts.