Asbestos Litigation

A large portion of asbestos litigation has been handled in courts across the nation. 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 done by talking to colleagues, collecting reports, or looking at samples from homes or workplaces.

Liability

You could be eligible for compensation in the event that you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related illness. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case.

There are typically many defendants in an asbestos case because there are a variety of mining companies that produced asbestos as well as 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 or manufacturers or Asbestos case in an employer capacity could also be liable for the injuries of victims.

Asbestos suits typically fall under product liability laws that are based on state and common laws which permit damages to be recovered from sellers of goods when they cause injury. 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 injured party wasn't adequately warned of the dangers associated with using the products.

Defendants in asbestos cases often argue that they didn't act negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can lead to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from seeking financial compensation for their injuries.

If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide how to split the responsibility among them in a process called allocation. The apportionment process does not alter the amount of compensation the plaintiff is entitled to from the defendants.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost of medical treatments for their disease as well as the loss of wages due to being unable to work. Victims can also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently which means that it did not take reasonable precautions to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to warn workers and consumers of this risk.

The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma could bring an asbestos lawsuit. A person can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering as well as loss of enjoyment life and suffering and pain. The surviving family members of someone who has died from an asbestos-related disease can make a claim for wrongful death.

Once an asbestos case has been filed, the parties exchange information through the process known as discovery. This process may take several months and could require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must have an understanding of the unique complexities involved in asbestos compensation litigation, and be acknowledged by insurers and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining maximum compensation for our clients.

Contact us for a free consultation If you have any concerns regarding filing a lawsuit against asbestos. 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 country. Contact us via email or phone today to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation can cover the suffering and pain.

Asbestos cases often settle instead of going to trial, as it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not divulge the information to their employees or the general public.

A number of states have set a time limitation, also known as a statute of limitations for how long asbestos-related victims can make a claim. The time frames vary from state-to-state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their right to compensation.

The amount of compensation that victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma or other asbestos-related diseases.

Some trusts are depleted, but others continue to award large amounts of money. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by a particular exposure.

In a trial the plaintiffs have to prove that they have the right to compensation, such as past and future medical expenses, lost wages, property damages or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial can take a long time. Over the past 10 years mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist patients understand how to proceed in the trial process and explain their rights under the law in a courtroom with an open door. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents, where it is often easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially true when a person has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of the companies, products, and the locations.

There is a growing concern that the cost of resolving claims from asbestos victims in the past is consuming funds that could be used to pay for future cases. In addition, some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.

Defendants in asbestos cases can seek to dismiss claims by summary judgment or a finding of no exposure. However they must be able to provide an extensive review of evidence and an expert's view that the doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and avoid the case from becoming a backlog in the courts.