Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the nation. Studies have proven that asbestos exposure can cause lung damage as well as disease.

An attorney must be able recognize asbestos in each case. This can be accomplished through conversations with coworkers or obtaining records, as well as 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 pay for lost wages, medical expenses and other costs associated with mesothelioma. You can make a claim or offer an offer of settlement to the defendants.

There are usually many defendants in an asbestos case because there are numerous mining companies who produced asbestos and manufacturers of the 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 as employers could also be held responsible for the injuries of victims.

Asbestos lawsuits are often categorized under laws governing product liability, which are based on common and state laws which permit damages to be recouped from sellers of goods when they cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the risks that came with using the products.

In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a variety of diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of attempting to cover up in attempting to block claims and also to stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury may determine how to divide the burden of responsibility among them in a process known as the apportionment. The apportionment of liability will not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.

A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma could file an asbestos lawsuit. A person may start a lawsuit claiming personal injury to seek compensation for economic and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease can bring a wrongful death lawsuit.

After an asbestos case is filed, both sides exchange information during a process known as discovery. The process can last for some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complexity of asbestos litigation, it is important that plaintiffs get an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses have an understanding of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known as a firm that can secure the highest amount of compensation for our clients.

Contact us for a no-obligation consultation should you have any questions about filing a lawsuit against asbestos. We are dedicated 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 nation. Contact us via phone or email now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can also 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 case this way. Settlements also prevent negative publicity that comes from a trial verdict. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complex and lawyers must do extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be responsible for their illness. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial mesothelioma lawyers will discover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases, these documents show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate this information to their workers or the general public.

Many states set time limitations, called statutes of limitations that define how long an asbestos victim can make a claim. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a case for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease the severity of their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos victims may also be able to claim through trust funds established for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Some of these trusts are exhausted, but others still pay large amounts of money. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and whether the condition resulted from specific exposures.

In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically long. Over the past 10 years mesothelioma jury awards cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos litigation can be more complex than car accident litigation where it is generally easy to identify the parties responsible. This is particularly true if a person has been exposed to asbestos in multiple locations and at different dates. A seasoned mesothelioma attorney will speak with witnesses like co-workers or relatives, abatement workers and suppliers to create an exhaustive database of employers products, locations and other information.

The cost of resolving asbestos claims drains funds which could be used to pay for 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 attorney claims by obtaining summary judgment or a finding that there was no exposure. These motions, however, require an extensive examination of evidence and an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and make sure that it doesn't be added to the long backlog of cases in courts.