Asbestos Litigation

A large amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage and cause disease.

It is important that attorneys know how to identify asbestos-related materials in each case. This can be accomplished by talking to co-workers, getting reports, or looking at samples taken from home or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or make an offer to settle the case with the defendants in the case.

There are typically several defendants in asbestos cases because there are a variety of mining companies that produced asbestos and manufacturers of the products that contain 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 who were employers could be held responsible for injuries sustained by victims.

Asbestos suits often fall under products liability laws which are based on state and common laws that allow for damages to be recouped from the sellers of products if the products cause injury. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a flawed design, and that the person injured was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they did not act in a negligent manner and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to various diseases. In addition, companies who concealed asbestos's risks to boost profits have been accused of concealing the truth in attempting to block claims and also to block workers from seeking financial compensation for their injuries.

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

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims recover compensation. This includes the expense of medical treatment for their disease and the loss of wages because of being unable to work. Victims can also be awarded compensatory and punitive damages.

The lawsuit asserts that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may make a personal injury claim to seek compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life and asbestos pain and suffering. Family members who are survivors of someone who has died from an asbestos-related illness may also make a claim for wrongful death.

Once an asbestos case has been filed, the two parties share information through a process called discovery. This process can last for a long time and may involve lengthy interviews with coworkers, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses should comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain maximum compensation for our clients.

Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. We are dedicated 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 throughout the United States. Contact us via email or phone today to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies that exposed them substances. This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can cover the cost of suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that can come with a trial verdict. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's employment history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to create an effective mesothelioma suit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form internal memos, corporate documents and testimony from former employees who been exposed to asbestos-containing materials. These documents usually show that asbestos manufacturers knew about mesothelioma's dangers, and other asbestos-related diseases but did not inform their workers or the general public.

Many states set time limitations known as statutes of limitations on the time an asbestos victim can file a lawsuit. The time frames vary from state to state, but usually range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to compensation.

The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other aspects. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos victims may also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related diseases.

Some trusts are depleted, but 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 as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court of law, plaintiffs will need to prove they have a right to damages, including past and future medical expenses and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the last 10 years, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is usually easy to identify responsible parties. This is especially true if someone has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma attorney can interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create an extensive database of employers as well as their products and locations.

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

Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was no exposure. However they must be able to provide a thorough review of the evidence and an expert opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. While the process could take time, a qualified mesothelioma attorney can help accelerate the case and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.