Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage through research.

It is crucial for attorneys to know how to spot asbestos products in every case. This can be done by speaking to colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are typically several defendants since there are numerous mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in an employer capacity could also be held responsible for the injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from sellers of products if those products cause injury to. In a product liability suit, it is alleged the injuries were caused due to faulty design or mismanufacture and that the victim was not adequately informed about the risks associated with the products.

In asbestos cases, defendants typically claim that they did not do anything negligently and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to various diseases. Companies that concealed asbestos dangers to increase profits were accused of a cover-up, and they attempted to block claims and keep workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the burden of responsibility among them in a process called the apportionment. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatments for their illness and lost wages due to being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence and did not use reasonable care to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.

The estates or Asbestos Litigation victims of those who have passed away from asbestos-related illnesses such as mesothelioma can file an asbestos lawsuit. A person can bring a lawsuit for personal injury to seek compensation for economic and other damages including emotional distress as well as pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.

When an asbestos-related case is filed and a settlement is reached, both sides exchange information in the process known as discovery. This can last several months and may include extensive interviews with co-workers family members, abatement workers, relatives, 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 have an experienced lawyer handling their case. The law firm that a victim or their family chooses be aware of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for its expertise in asbestos cases.

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

Contact us for a complimentary consultation should you have any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email today to get started.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases often settle rather than going to trial, because it is more cost-effective and easier for defendants to settle the matter in this manner. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is essential to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause for their condition. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one.

During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can find evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos producers knew about the dangers of mesothelioma and other asbestos-related ailments, but didn't disclose the information to their employees or the public.

A number of states have imposed a time limit, also known as a statute of limitations, on how long asbestos victims are allowed to bring a lawsuit. These deadlines vary from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their right to a fair settlement.

The amount of money victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma, or other asbestos settlement-related diseases.

Some trusts are depleted, but others continue to pay out significant awards. For instance, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages, including future and past medical expenses and lost wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the last decade mesothelioma jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do through the trial process and can explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is usually easy to identify the parties responsible. This is particularly true if an individual has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers to compile a database of products, employers, and the locations.

There is growing concern that the cost of settling claims from past asbestos victims is consuming funds which could be used to pay for future cases. Some claimants believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims using summary judgment, or a finding that there was 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 stop the case from becoming a part of the backlog in the courts.