Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the country. Asbestos exposure has been shown to cause lung diseases and damage through research.

An attorney must be able to recognize asbestos attorney in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can cover lost wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related illness. You can choose to start a lawsuit or offer a settlement to the defendants.

There are typically multiple defendants in an asbestos case because there are many mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers who used asbestos or acted as employers could be held liable for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be recovered against manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the injured party was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often claim that they didn't act 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 diseases. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of engaging in a cover-up in attempting to block claims and trying to block workers from seeking compensation for their injuries.

A jury or judge can decide on how to split the blame between defendants in cases where more than one defendant is found responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not affect the amount of compensation that the plaintiff may receive from the defendants.

Damages

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

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who passed away from an asbestos-related illness like mesothelioma. A person may start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering, loss of enjoyment of life as well as pain and suffering. In addition, the survivors of a family of someone who died from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos case is initiated, the parties exchange information via the process known as discovery. This can last several months and may include extensive interviews with co-workers, relatives, abatement workers and others to determine potential defendants and asbestos-related products.

Due to the complex nature of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and should be recognized by insurers and defendants 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 recognized for our ability to get the maximum amount of compensation to our clients.

If you have any questions regarding filing an asbestos lawsuit, contact 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 throughout the country. Contact us today to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also cover pain and suffering.

Asbestos cases usually settle rather than go to trial, as it is easier and cheaper for the defendant company to settle the case in this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing material. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases, but didn't tell their workers or the general public.

Many states set time limitations also known as statutes or limitations, on how long an asbestos victim must bring a lawsuit. The length of time varies by state, but typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their rights to a fair settlement.

The amount of compensation a victim receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos-related victims may also be able to file claims through trust funds established for patients diagnosed with mesothelioma or Asbestos Case other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue paying out substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition was caused by specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled to damages, including past and future medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process can be long. Over the past 10 years, jury awards in mesothelioma cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the parties involved, asbestos cases can be more complicated. This is especially true if the victim was exposed to more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers, to create an inventory of products, employers and the locations.

There is a growing concern that the cost of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Some claimants are also of the opinion that settlements don't reflect actual injuries, and they should be compensated more.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a part of the backlog in the courts.