Asbestos Litigation

A large portion of asbestos cases have been handled in courts across the country. Research has proven that asbestos exposure can cause lung damage and illness.

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 taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation can be used to pay for lost wages, medical expenses as well as other expenses associated with mesothelioma. You can choose to file a lawsuit or offer a settlement to the defendants.

There are typically multiple defendants in an asbestos case because there are many 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. Companies that provide services to asbestos-using mines or manufacturers or in an employer capacity could be held accountable for the injuries of victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that permit damages to be recouped from producers of products if those products cause injuries. In a product liability suit where the injuries occurred due to the design defect or manufacturing error and that the victim was not adequately informed about the risks associated with the products.

Defendants in asbestos cases often claim that they didn't act recklessly and that their products are safe, even though doctors have long recognized asbestos-containing products can lead to different diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of covering up the issue in attempting to block claims and trying to block workers from seeking compensation for their injuries.

If more than one defendant is found responsible for a victim's asbestos-related injuries, a jury or judge may determine how to divide the blame between them in a process known as the apportionment. The apportionment process does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their disease, as well as lost wages due to inability to work. Victims may also be eligible for compensation and punitive 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. It is also claimed that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.

An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related disease such as mesothelioma. A person can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering and loss of enjoyment of life as well as pain and suffering. Family members of those who have died due to an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case has been filed, the two parties exchange information via the process of discovery. This process can last for a long time and may involve extensive interviews with co-workers, relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.

It is essential for plaintiffs to have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for our clients.

If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.

Settlements

When asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases tend to settle rather than going to trial because it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also prevent negative publicity that may come when a verdict is handed down. It is important to hire an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into the history of their clients' employment, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then collect evidence and use it to build an effective mesothelioma suit.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their workers or the general public.

A number of states have imposed a time limit, known as a statute of limitations for how long asbestos victims are allowed to file a lawsuit. The length of time varies by state, but typically vary from one to two years. If the statute of limitations expires before a case for mesothelioma is filed, victims will lose their right to compensation.

The amount victims will receive is contingent upon the diagnosis of their asbestos claim-related disease as well as how serious their condition is, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers can also file claims with trust funds which were created in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts have been closed, but others continue to pay substantial awards. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must prove that it is liable for the asbestos-related injury. The trial process can be long. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma lawyer can assist patients understand how to proceed in the trial procedure and will explain their legal rights in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially true if an individual was exposed to more than one kind of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, and abatement workers, to create an inventory of the companies, products and places.

There is a growing concern that the expense of settling claims from past asbestos victims is draining funds that could be used to pay for future cases. Some claimants also believe that settlements are not based on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. These motions require an extensive examination of evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming a burden in the courts.