Asbestos Litigation

In courts all over the nation asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung damage and lung disease through research.

It is crucial for attorneys to know how to spot asbestos products in every case. This can be done by discussing with colleagues, obtaining reports, or looking at samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation can pay for lost wages, medical expenses and other costs associated with mesothelioma. You can make a claim for compensation or make an offer to settle the case with the defendants in the case.

There are typically many defendants in asbestos cases because there are numerous mining companies that made asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in an employer capacity could also be liable for the 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 the sellers of products when 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 injured person wasn't adequately warned about the dangers of the products.

Defendants in asbestos cases often claim that they did not act in a negligent way and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products can lead to various illnesses. Companies that hid asbestos risks to boost profits were accused of cover-up, and they attempted to deny claims and block workers from claiming the financial compensation they deserve for their injuries.

If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury could decide how to split the responsibility between the defendants in a process referred to as allocation. The apportionment does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit filed against a business that produced or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about this risk.

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

When an asbestos lawsuit is initiated, the parties share information through an process known as discovery. This can last several months and may include extensive interviews with co-workers and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

It is crucial that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its experience in these cases.

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

If you have any questions about filing an asbestos lawsuit, please 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 located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to get started.

Settlements

When victims win their asbestos attorney lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the pain and suffering.

asbestos attorney cases are usually settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client's employment history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it to build a solid mesothelioma lawsuit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence typically is found in internal memos, corporate documents and testimony from former employees who have been exposed to asbestos-containing materials. In many cases documents, they show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their employees or to the general public.

A number of states have time limits known as statutes of limitations on the time an asbestos victim must make a claim. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their rights to a fair settlement.

The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos-related victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts are empty, while others still pay significant awards. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of an 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 easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages including future and past medical costs, lost wages, damage to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do through the trial process and explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the individuals involved, Asbestos law litigation can be more complex. This is particularly true when a person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to create a database of employers, products, and locations.

The cost of resolving asbestos claims eats up funds which could be used to pay future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to a higher amount of compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However they must be able to provide a thorough review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took did not cause mesothelioma. A mesothelioma attorney can help speed up the process and avoid the case from becoming part of the backlog in the courts.