Asbestos Litigation

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

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

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can cover lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related illness. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case.

In asbestos cases, there are generally multiple defendants due to the fact that there are many mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted in a position of employer could also be held responsible for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be sought against producers of products if those products cause injuries. In a product liability suit, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the person who was injured was not adequately warned of the risks associated with the products.

In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a range of illnesses. Companies that concealed asbestos dangers to increase profits were accused of a cover-up as they sought to block claims and keep workers from claiming financial compensation for their injuries.

A judge or jury can decide how to distribute the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment process does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos case could be dangerous and failed in educating consumers and workers about the dangers.

An asbestos lawsuit may be filed by a victim or estate of a person who has died from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury to seek compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment the life of. Additionally, the surviving family of someone who died from an asbestos-related illness can make a claim for wrongful death.

When an asbestos lawsuit has been initiated, the parties exchange information in the process of discovery. This can last several months and may involve lengthy interviews with coworkers and relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.

It is crucial for plaintiffs to have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

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

Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are dedicated 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 across the country. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover the pain and suffering.

Asbestos cases often settle rather than go to trial, because it is less expensive and easier for defendant companies to resolve the matter in this manner. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to create a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes in the form internal memos, corporate documentation and testimony of former employees who have been exposed to asbestos-containing materials. In many cases, these documents show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not disclose the information to their employees or to the general public.

A number of states have set a time limit, known as a statute of limitations, for how long asbestos victims can sue. These time periods vary by state, but they typically range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue paying out substantial payouts. In 2018, a federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Asbestos Law victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim.

In a court trial, plaintiffs must show that they are entitled to damages, which include 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 its liability for the asbestos-related injury. The trial process is typically long. In the last decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can help patients understand how to proceed in the court process and also explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is particularly true if someone has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including family members, coworkers and abatement workers, to create an inventory of the companies, products and places.

The expense of settling asbestos claims eats up funds that could be used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defense attorneys can argue to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a backlog in the courts.