Asbestos Litigation

In the courts across the nation asbestos litigation has been a significant issue. Studies have proven that asbestos exposure can cause lung damage as well as disease.

An attorney should be able to identify asbestos in each case. This can be accomplished by speaking with colleagues in the office, collecting records, and studying samples from home or workplaces.

Liability

You could be eligible for compensation If you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may help pay for lost wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. You may choose to start a lawsuit or offer an agreement to the defendants.

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

Asbestos lawsuits often fall under the legal category of product liability law which is built on state and common laws that allow damages to be sought against sellers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the person who suffered injury was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products are linked to a variety of diseases. In addition, companies who concealed asbestos's risks to boost profits have been accused of engaging in a cover-up by trying to thwart claims and trying to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility among them through a process known as allocation. The apportionment process does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.

Damages

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

The lawsuit claims that the defendant acted negligently. This means that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the risk.

An asbestos lawsuit can be filed by a victim, or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional distress and loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related disease may file a wrongful death lawsuit.

Once an asbestos-related case has been filed, the two sides share information through an process known as discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned as a firm that can secure maximum compensation for our clients.

If you have any questions about filing an asbestos suit, contact us for a free consultation. We are committed 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 United States. Contact us via phone or email now to get started.

Settlements

If asbestos settlement victims prevail in their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to construct a solid mesothelioma lawsuit.

During pre-trial discovery and depositions, mesothelioma lawyers can find evidence of asbestos-related companies negligence. Evidence typically comes in the form internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have time limits, called statutes of limitations on the time an asbestos victim can file a lawsuit. These deadlines vary from state to state, but generally range between one and 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 money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers can also file claims using trust funds which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments.

Some of these trusts have been depleted but others continue to pay substantial prizes. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Asbestos Attorney victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages and the possibility that a patient's condition was caused by an exposure.

In a trial, plaintiffs must show that they have the right to damages, such as future and past medical expenses and lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma jury awards cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the trial process and explain their legal right before a judge in a public courtroom. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the parties, asbestos cases can be more complex. This is especially the case when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an exhaustive database of employers, products and locations.

The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Some claimants also believe that settlements don't reflect actual injuries, and they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert's opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.