Asbestos Litigation

In the courts across the country, asbestos litigation has been a major issue. Research has proved that asbestos exposure can cause lung damage and cause disease.

It is crucial for an attorney to understand how to identify asbestos products in each case. This can be done by speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation in the event that you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can be used to pay for medical expenses, lost wages and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case.

There are typically multiple defendants in an asbestos-related case because there are numerous mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers that used asbestos or who acted as employers could be held responsible for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on common and state laws that permit damages to be recouped from producers of products if those products cause injuries. In a suit for product liability it is claimed that the injuries occurred due to faulty design or mismanufacture and that the victim was not adequately warned of the dangers associated with the products.

The defendants in asbestos cases typically argue that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to different diseases. Companies that concealed asbestos risks to make profits were accused of cover-up, as they tried to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between the defendants in a process referred to as allocation. The apportionment of liability does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos could aid victims in recovering compensation. This includes the costs of medical treatment for their condition and the loss of wages because of being unable to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to take reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos attorney could be dangerous and failed warn workers and consumers about the dangers.

An asbestos lawsuit may be filed by a victim or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can make a claim for personal injury to seek compensation for financial and other damages, such as emotional distress, pain and suffering, and loss of enjoyment of the life of. In addition, the survivors of a family of someone who died from an asbestos-related disease may bring a wrongful death lawsuit.

When an asbestos lawsuit is filed, the two parties exchange information in the process known as discovery. This can last several months and could require lengthy interviews with coworkers, relatives, abatement workers and others to discover potential defendants and asbestos-related products.

Due to the complexity of asbestos litigation, it is crucial that plaintiffs get an experienced lawyer handle their case. The law firm a victim or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.

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

If you have questions about filing an asbestos suit, contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Call or email us today to begin.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover suffering and pain.

Asbestos cases are often settled instead of going to trial, because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. Evidence usually is found in internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. In many cases the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate this information to their employees or the public.

A number of states have time limits which are known as statutes of limitation that define how long asbestos victims have to bring a lawsuit. These time periods vary from state to state but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to receive compensation.

The amount patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is and other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure patients have enough money to cover their medical expenses. Asbestos victims might also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma as well as other asbestos-related diseases.

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

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, which include future and past medical expenses such as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The trial process is typically long. Over the past 10 years, jury awards in mesothelioma cases have increased significantly and have far outstripped the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand what to do in the court process and explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially true when a person was exposed to more than one type of asbestos and in multiple places. An experienced mesothelioma attorney is able to interview witnesses such as co-workers, relatives, abatement workers and suppliers to create a detailed database of employers, products and locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past is draining funds which could be used to pay for future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. However the motions must be based on an extensive review of evidence and a professional opinion that the doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.