Asbestos Litigation

In the courts across the country asbestos attorney litigation is a huge issue. Asbestos exposure is proven to cause lung diseases and damage by research.

An attorney should be able to identify asbestos in every case. This can be done by discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

You may be entitled to compensation if you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can be used to pay for lost wages, medical expenses and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer an agreement to the defendants.

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

Asbestos suits often fall under products liability laws that are based upon the laws of the state and common law that allow for damages to be recouped from the sellers of products if those products cause injury. In a suit for product liability, it is alleged the injuries resulted from an ineffective design or fabrication, and that the person injured was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants often argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long recognized that asbestos-containing items is linked to different diseases. Companies that hid asbestos risks to increase profits were accused of a cover-up, as they tried to deny claims and block workers from claiming the financial compensation they deserve for their injuries.

A judge or jury may decide how to allocate responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is referred to as allocation. The apportionment process does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensation and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn consumers and workers of the danger.

A victim or the estates of people who have died from asbestos-related illnesses like mesothelioma are able to file an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional anxiety as well as loss of enjoyment life, and suffering and pain. In addition, the surviving family members of a deceased person from an asbestos-related disease can file a wrongful death lawsuit.

When an asbestos-related case is filed and the parties communicate information through the process of discovery. This process may take some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in these cases.

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

Contact us for a free consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated 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 across the country. Call or email us today to begin.

Settlements

When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases tend to settle rather than go to trial, as it is more cost-effective and easier for defendant companies to settle the matter this way. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's work history, asbestos attorney medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence and use it in an effective mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers may find evidence of asbestos-related companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony of former employees who worked with asbestos-containing products. In many cases, these documents show that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or to the public.

There are many states that set time limits, called statutes of limitations on the time an asbestos victim has to start a lawsuit. 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 mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement.

The amount of compensation victims receive is contingent upon the severity of their illness the diagnosis, as well as other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos sufferers can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma and other asbestos-related illnesses.

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

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, for instance the various ways to calculate damages and whether the condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical expenses loss of wages, damages to property as well as pain and discomfort and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court procedure and will explain their rights under the law in an open courtroom. A qualified lawyer can also help to identify potential defendants. In contrast to car accident litigation where it's usually easy to determine the responsible parties, asbestos cases can be more complicated. This is particularly true when a person was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses like coworkers or relatives, abatement workers and suppliers to create a comprehensive database of employers products, locations and other information.

The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries and they are entitled to more compensation.

Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. These motions are, however, subject to an in-depth examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and stop the case from becoming part of the backlog in the courts.