Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage as well as disease.

An attorney must be able to identify asbestos in each case. This can be accomplished by chatting with colleagues or obtaining records, as well as studying samples from home or work sites.

Liability

You could be eligible for compensation If you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related illness. You can choose to start a lawsuit or offer an agreement to the defendants.

There are usually multiple defendants in an asbestos case due to the numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers that made use of asbestos or acted as employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injuries. In a lawsuit involving product liability, it is alleged the injuries occurred due to defective design or manufacturing and that the victim was not adequately warned of the dangers of the products.

In asbestos cases, defendants typically claim that they did not do anything negligently and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause different diseases. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by trying to thwart claims and also to stop workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to distribute responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is known as allocation. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

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

The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers.

An asbestos lawsuit may be filed by a victim, or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional stress and suffering, loss of enjoyment life as well as pain and suffering. In addition, the survivor family members of someone who passed away due to an asbestos-related illness may bring a wrongful death lawsuit.

When an asbestos lawsuit has been filed, the parties exchange information via the process known as discovery. This process can last for a long time and could require lengthy interviews with coworkers, relatives, abatement workers and others to discover potential defendants and their asbestos-related products.

It is crucial that plaintiffs 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 be able to understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their expertise.

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

Contact us today 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 nation. Contact us now to get started.

Settlements

When victims win their asbestos law 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 may also cover the cost of suffering and pain.

Asbestos lawsuits are often settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases however, they did not communicate the information to their employees or to the general public.

A number of states have set a limitation, also known as a statute of limitations, for how long asbestos-related victims can bring a lawsuit. The length of time varies by state, but generally range from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, the victims will lose their right to receive compensation.

The amount of money victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been depleted but others continue to pay out large payouts. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, such as future and past medical expenses as well as lost wages, property damages as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma cases, jury verdicts cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal rights before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when a person has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile an exhaustive list of companies products, locations and other information.

The expense of settling asbestos claims eats up funds which could have been used to pay future cases. Some claimants also believe that settlements aren't just based on injuries that actually occurred and should be compensated more.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was not an exposure. These motions require an exhaustive examination of the evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.