Asbestos Litigation

In courts all over the nation asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung damage and lung disease by research.

An attorney should be able to identify asbestos in each case. This can be accomplished through conversations with coworkers, obtaining records, and taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation may help pay for lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You may choose to start a lawsuit or offer an offer of settlement to the defendants.

There are typically several defendants in asbestos cases due to the numerous mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for injuries to victims.

Asbestos suits are typically governed by the law of product liability which are based on the laws of the state and common law which permit damages to be recouped from sellers of goods when those products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the injured party wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants often claim that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products can lead to various illnesses. In addition, companies who concealed asbestos's dangers to boost profits have been accused of attempting to cover up in attempting to block claims and by trying to stop workers from seeking financial compensation for injuries they sustained.

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

Damages

A lawsuit brought against a firm 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 as a result of being unable to do their job. Victims can also be awarded punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to warn workers and consumers about this risk.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. An individual can make a personal injury claim to claim compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life, and pain and suffering. Family members of those who have died due to an asbestos-related disease can make a claim for wrongful death.

Once an asbestos-related case has been filed, the parties share information through the process of discovery. This can last several months and may involve extensive interviews with co-workers or relatives, abatement employees and others in order to identify possible defendants and their asbestos-related products.

Due to the complex nature of asbestos attorney litigation, it is essential that plaintiffs choose a seasoned lawyer to handle their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its experience in these cases.

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

Contact us today for a no-obligation consultation If you have any concerns 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 across the nation. Call or email us today to get started.

Settlements

If asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. This money is meant to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can also cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come from a trial verdict. It is essential to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers are able to gather evidence and use it in the preparation of a strong mesothelioma lawsuit.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos legal-related illnesses however they didn't inform their workers or the general public.

Many states set time limits, called statutes of limitations that define how long an asbestos victim must make a claim. These time periods vary by state, but usually range from one to two years. If the statute of limitations expires before a case for mesothelioma is filed the victim will lose their right to receive compensation.

The amount of money that victims receive will depend on 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 when trying to make sure that patients have enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma and asbestos attorney other asbestos-related illnesses.

Some of these trusts have dwindled, however others continue to pay out large prizes. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is due to a specific exposure.

In a trial the plaintiffs must prove that they have the right to damages, including future and past medical expenses such as lost wages, property damages and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial can be lengthy. In the last decade, jury awards in mesothelioma cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer will help victims understand how to proceed in the trial process and also explain their legal rights in a public courtroom. A lawyer with experience can also help to identify potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is usually easy to identify responsible parties. This is especially true if a person was exposed to more than one kind of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, including family members, coworkers and abatement workers, to compile an inventory of the companies, products and locations.

There is growing concern that the expense of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Some claimants also believe that settlements do not reflect actual injuries, and they should be compensated more.

Defendants can fight to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. However these motions require an in-depth review of the evidence and an expert's opinion that the doses measured of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the long backlog of cases in courts.