Asbestos Litigation

A substantial amount of asbestos cases have been handled in courts across the nation. Asbestos exposure has been proven to cause lung disease and damage through research.

It is important for an attorney to know how to spot asbestos products in every case. This can be done by talking with co-workers or obtaining records, as well as analysing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can make a claim or offer an offer of settlement to the defendants.

There are typically several defendants in an asbestos case due to the numerous mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for the victims' injuries.

Asbestos suits often fall under laws governing product liability, which are based on state and common laws which permit damages to be recovered from sellers of products when the products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the person who suffered injury was not properly warned of the dangers associated with using the products.

Defendants in asbestos cases often claim that they didn't act in a negligent way and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause various illnesses. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of engaging in a cover-up by trying to thwart claims and attempting to block workers from seeking the financial compensation they deserve for their injuries.

A jury or judge can decide on how to split the burden of responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is called allocation. The apportionment of liability will not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that produced or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to inform consumers and workers about this risk.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma could start an asbestos lawsuit. A person may make a claim for personal injury to seek compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment the life. The surviving family members of someone who died due to an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case is initiated, the parties share information through a process called discovery. This process may take several months and may require interviews with coworkers, Asbestos case family members, abatement workers, and others to determine potential defendants.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

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

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed 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 by email or phone now to get started.

Settlements

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

Asbestos cases tend to settle rather than go to trial because it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements also prevent negative publicity that may come with a verdict at trial. It is essential to choose an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. Evidence typically comes from internal memos, corporate documents and testimony from former employees who worked with asbestos-containing material. These documents often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses, but didn't tell their employees or the general public.

A number of states have time limits, called statutes of limitations, on how long asbestos victims have to file a lawsuit. The durations vary by state, but typically range from one to two years. If the statute of limitation expires before a suit for mesothelioma has been filed, the victim will lose their right to receive compensation.

The amount of compensation a victim receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos victims might also be able to claim through trust funds set up for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been depleted, but others continue to pay out substantial awards. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a trial the plaintiffs must prove that they have the right to damages, such as past and future medical expenses as well as loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma juries' awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the trial procedure and will explain their legal rights in a public courtroom. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the responsible parties involved, asbestos cases can be more complex. This is particularly true when an individual was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of the companies, products and the locations.

The expense of settling asbestos claims drains funds that could be used to pay future cases. Additionally, some claimants believe that settlements aren't founded on actual injuries and they deserve more compensation.

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. These motions need an extensive examination of evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take time, a skilled 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.