Asbestos Litigation

In the courts across the country, asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung damage and lung disease through research.

It is vital that attorneys know how to recognize asbestos-related products in each case. This can be accomplished through conversations with coworkers collecting records, or studying samples from home or workplaces.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can be used to pay for medical expenses, lost wages and other costs associated with mesothelioma. You can start a lawsuit or offer a settlement to the defendants.

There are usually several defendants in an asbestos-related case due to the numerous mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers who used asbestos or who acted as employers could be held responsible for the victims' injuries.

Asbestos lawsuits are often categorized under the law of product liability that are based on common and state laws which permit damages to be recovered from sellers of products when those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the injured party was not adequately warned about the dangers associated with using the products.

The defendants in asbestos cases typically claim that they did not do anything negligently and that their products were safe, despite the fact that doctors have long recognized asbestos-containing products can lead to different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of covering up the issue by trying to thwart claims and by trying to block workers from seeking financial compensation for injuries they sustained.

A judge or jury may decide how to divide the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This is known as apportionment. 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 filed against a business that produced or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the costs of medical treatment for their disease and lost wages due to inability to work. Victims also may receive compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed warn workers and consumers about this risk.

A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma are able to start an asbestos lawsuit. An individual can file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life and suffering and pain. The surviving family members of someone who died due to an asbestos-related illness may also make a claim for wrongful death.

After an asbestos case is filed and Asbestos Litigation the parties share information in a process known as discovery. This can last several months and may involve extensive interviews with colleagues and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.

It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family selects should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by insurance companies and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and asbestos litigation their families. We are recognized for our ability to obtain the highest amount of compensation for our clients.

If you have questions about filing an asbestos suit, contact us for a no-cost consultation. 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 throughout the United States. Contact us now to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos cases are often settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is important to hire an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence to use in an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies' negligence. Evidence typically comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing material. In many cases the documents prove that asbestos producers knew about the risks of mesothelioma and other asbestos-related ailments, but didn't disclose the information to their employees or the general public.

A number of states have set a time limit, referred to a statute of limitations, to determine how long asbestos victims are allowed to bring a lawsuit. The length of time varies by state, but generally range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to receive compensation.

The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis the severity of their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been closed, but others continue paying out substantial awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced 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 example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, including past and future medical expenses as well as lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. Over the past 10 years, jury awards in mesothelioma cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand what to do through the trial process and can explain their legal rights in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially true if a person was exposed to more than one kind of asbestos in various locations. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers, to create an inventory of employers, products, and the locations.

There is growing concern that the cost of resolving claims from past asbestos victims has a negative impact on funds that could be used to fund future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation.

The defendants in asbestos cases may argue for dismissal of claims through the process of summary judgment or by a finding of no exposure. However, these motions require an exhaustive review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help speed up the process and make sure that it doesn't become part of the long backlog of cases in the courts.