Asbestos Litigation

In courts all over the country, asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung damage and lung disease through research.

An attorney must be able to recognize asbestos in each case. This can be done by talking to colleagues, collecting records, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation may cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there will be multiple defendants due to the fact that there are a variety of 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 provide services to asbestos-using mines, manufacturers or acted as employers could also be held responsible for injuries suffered by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is built on state and common laws that permit damages to be recovered against sellers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused due to the design defect or manufacturing error and that the person injured was not adequately warned of the dangers associated with products.

The defendants in asbestos cases typically argue that they did not do anything recklessly and that their products were safe, even though doctors have long recognized asbestos-containing products is linked to different diseases. Additionally, companies that concealed asbestos's risks to boost profits have been accused of attempting to cover up by trying to thwart claims and attempting to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury may determine how to divide the responsibility among them through a process known as apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatments for their condition, as well as lost wages due to inability to work. Victims may also receive compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger.

An asbestos lawsuit may be filed by a victim, or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life, and suffering and pain. In addition, the survivor family members of a deceased person from an asbestos-related disease can file a wrongful death lawsuit.

Once an asbestos case has been filed and a settlement is reached, both sides exchange information in the process known as discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is important that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to secure the maximum amount of compensation for our clients.

Contact us today for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is meant to compensate the victim as well as his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos lawsuits are often settled rather than going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that comes with a trial verdict. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must do extensive research on their clients' medical records, Asbestos settlement work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers are able to gather evidence and use it to build a mesothelioma case that is strong and successful.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses but did not disclose this information to their employees or to the general public.

Many states set time limitations also known as statutes or limitations that define how long an asbestos victim can start a lawsuit. The durations vary by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to compensation.

The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is and other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims might also be able to claim through trust funds created for those who have been diagnosed with mesothelioma, asbestos-related diseases.

Certain trusts are exhausted, but others still pay significant awards. For instance, in 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is due to a specific exposure.

In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses as well as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for [Redirect-302] the asbestos-related injury. The trial can be long. In the past decade mesothelioma jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can assist victims understand how to proceed in the court process and can explain their legal rights in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is particularly true if an individual has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and abatement workers, to create an inventory of employers, products, and the locations.

There is growing concern that the cost of settling claims of asbestos victims from the past is draining funds that could be used to fund future cases. Some claimants believe that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

Plaintiffs in asbestos cases can argue for dismissal of claims by summary judgment or a finding of no exposure. These motions require a thorough examination of the evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer can help speed up the process and ensure that it does not become part of the lengthy backlog of cases in the courts.