Asbestos Litigation

In the courts across the nation asbestos litigation has been a major problem. Research has proven that exposure to asbestos can cause lung damage and disease.

It is crucial for attorneys to know how to identify asbestos-related materials in each case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You may choose to bring a lawsuit, or offer an agreement to the defendants.

In asbestos cases, there are typically multiple defendants as there are many mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries to victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against sellers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused by an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with the products.

Defendants in asbestos cases often argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long recognized the use of asbestos-containing items is linked to various illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to deny claims and block workers from claiming an amount of compensation for their injuries.

A jury or judge may decide how to divide the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This is known as apportionment. The apportionment does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

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

The lawsuit alleges that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos could be hazardous and failed to warn workers and consumers about the dangers.

An asbestos legal-related lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related condition like mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. Family members who have survived someone who has passed away due to an asbestos-related condition can file a wrongful deaths lawsuit.

When an asbestos-related case is filed and the parties communicate information through a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complex nature of asbestos litigation, it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.

Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our success to get the most compensation possible for clients.

Contact us for a free consultation should you have any questions regarding filing a lawsuit against Asbestos claim. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to begin.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is meant to provide the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also prevent negative publicity that comes with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their workers or to the public.

Many states set time limits which are known as statutes of limitation that define how long asbestos victims have to start a lawsuit. The time frames vary from state to state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, victims lose their rights to a fair settlement.

The amount of compensation a victim can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure patients have enough money to pay for their medical expenses. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts are closed, while others continue to award significant awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that aren't resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure.

In a trial the plaintiffs must prove that they are entitled to damages, which include future and past medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is often long. In the past decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation are more complicated. This is especially true when a person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to create a detailed database of the companies products, locations and other information.

The expense of settling asbestos claims eats up funds which could have been used to pay future cases. In addition, some claimants believe that settlements are not basing on actual injuries and they deserve more compensation.

The defendants can seek to dismiss 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 enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't be added to the long backlog of cases in courts.