Asbestos Litigation

In the courts across the country, asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung damage and lung disease by research.

It is important that attorneys know how to identify asbestos products in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related illness. You may choose to make a claim or offer a settlement to the defendants.

In asbestos cases, there are usually multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers who used asbestos, or who acted as employers could be held responsible for injuries to victims.

Asbestos suits typically fall under laws governing product liability that are based on common and state laws which allow damages to be recouped from sellers of goods when the products cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not properly warned of the dangers that could result from using the products.

In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products are linked to a myriad of illnesses. Companies that hid asbestos risks to increase profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming financial compensation for injuries they sustained.

A jury or judge may decide how to distribute the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as the apportionment. The apportionment does not alter the amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn consumers and workers of this risk.

The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma can start an asbestos lawsuit. A person may file a personal injury lawsuit to seek compensation for economic and non-economic damages, asbestos litigation such as emotional stress and loss of enjoyment of life as well as pain and suffering. In addition, the survivors of a family members of a deceased person from an asbestos-related illness can make a claim for wrongful death.

When an asbestos-related case is filed and a settlement is reached, asbestos litigation both sides exchange information in a process known as discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.

It is essential for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their family chooses to work with should be aware of the unique complexities of 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 representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation to our clients.

If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed 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 nationwide. Contact us via phone or email today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases usually settle rather than going to trial, because it is more cost-effective and easier for defendant companies to resolve the case this way. Settlements also reduce the negative publicity that comes when a verdict is handed down. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case.

Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes from internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers knew about mesothelioma's risks and other asbestos-related diseases, however, they did not communicate this information to their workers or the public.

Many states set time limits which are known as statutes of limitation, on how long an asbestos victim has to file a lawsuit. The durations vary by state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their right to be compensated.

The amount of money that victims receive will depend on the asbestos-related diagnosis they receive and how severe their condition is, and other aspects. Attorneys take into account the cost of treatment and other costs when negotiating to ensure that patients have enough money to pay their medical bills. Asbestos victims can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts are closed, while others continue to pay out substantial awards. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that are not resolved through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is caused by an exposure.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. As opposed to the litigation in car accidents where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially true if the person has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of products, employers and places.

The cost of resolving asbestos claims drains funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.

The defendants in asbestos cases may fight to have claims dismissed by the process of summary judgment or by a finding of no exposure. These motions need an exhaustive examination of the evidence as well as an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the lengthy backlog of cases in the courts.