Asbestos Litigation

In courts all over the nation, 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 identify asbestos in every case. This can be accomplished by talking to co-workers, getting records, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can help with lost wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related illness. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case.

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

asbestos lawyer suits typically fall under laws governing product liability that are based upon the common law and state laws that allow for damages to be recovered from sellers of products when they cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or defective design and that the person injured was not properly warned of the risks that came with using the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of a cover-up, as they tried to thwart claims and stop workers from claiming an amount of compensation for their injuries.

A jury or judge can decide how to distribute the responsibility among defendants when 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 alter the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a business that produced or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the costs of medical treatment for their disease, as well as lost earnings due to the inability 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 that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about this risk.

An asbestos lawsuit could be filed by a victim or estate of a deceased person due to an asbestos-related illness, like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for economic and other damages including emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos case has been initiated, the parties exchange information in the process of discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

Due to the complexity of asbestos litigation it is important that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family selects should be aware of the complexities unique to asbestos litigation and be recognized by insurers and defendants for its expertise in asbestos cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the highest amount of compensation for our clients.

Contact us today for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for financial losses caused by Asbestos Attorney exposure. Compensation can help cover pain and suffering.

Asbestos cases usually settle rather than going to trial, because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements also prevent negative publicity that could be associated when a verdict is handed down. It is crucial to select an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research on their clients' medical records, work history, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. Lawyers can gather evidence and use it to construct a mesothelioma case that is strong and successful.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related illnesses, but didn't tell their employees or the general public.

Many states set time limits, called statutes of limitations on the time an asbestos victim must bring a lawsuit. The length of time varies from state to state, however, they are usually between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, victims will lose their right to compensation.

The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients receive enough funds for their medical bills. Asbestos victims might also be able to claim through trust funds established for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been closed, but others continue paying out substantial payouts. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs loss of wages, damages to property as well as pain and discomfort and asbestos attorney loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. In the last decade mesothelioma juries' awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand what to do during the trial process and can explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including family members, coworkers and asbestos workers, to build an inventory of companies, products, and locations.

The cost of resolving asbestos claims eats away funds which could have been used to pay future cases. Some claimants believe that settlements don't accurately reflect their actual injuries and therefore they should be compensated more.

The defendants in asbestos cases may contest claims to dismiss them by summary judgment or a finding of no exposure. However these motions require an extensive review of evidence and an expert opinion that the doses of asbestos the plaintiff received did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming a backlog in the courts.