Asbestos Litigation

In the courts across the nation, asbestos litigation is a huge issue. Research has proved that asbestos exposure can cause lung damage and cause disease.

It is important that attorneys know how to identify asbestos products in every case. This can be accomplished by chatting with colleagues in the office, collecting records, and studying samples from home or work sites.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation may help pay for lost wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can start a lawsuit to claim compensation or make an offer of settlement to the defendants in the case.

In asbestos cases, there are typically multiple defendants as there are many mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in a position of employer could also be liable for the injuries of victims.

Asbestos lawsuits often fall under the legal category of product liability law which is based on common and state laws that permit damages to be awarded against producers of products if those products cause injuries. In a product liability suit it is claimed that injuries were caused by an ineffective design or fabrication, and that the victim was not adequately warned about the dangers associated with the products.

In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies that hid asbestos dangers to increase profits were accused of a cover-up. They tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide on how to split 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 process does not alter the amount of compensation the plaintiff can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could 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 could also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk.

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related condition such as mesothelioma. A person can make a personal injury claim to claim compensation for economic and Asbestos Lawsuit non-economic damages, including emotional suffering as well as loss of enjoyment life and pain and suffering. Family members of someone who died due to an asbestos-related condition can file a wrongful deaths lawsuit.

When an asbestos lawsuit is filed, the two parties exchange information through the process known as discovery. This may take a few months, and may require extensive interviews with co-workers family members, abatement workers, relatives and others to determine possible defendants and their asbestos-related products.

It is important for plaintiffs to have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm the victim or their family chooses should understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.

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

Contact us for a complimentary consultation should you have any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases often settle instead of going to trial, because it is easier and cheaper for defendant companies to resolve the matter in this manner. Settlements also can help prevent the negative publicity that is associated with a verdict in a trial. It is crucial to select an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research into their client's medical records, work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers are able to gather evidence and use it to construct a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their employees or the general public.

Many states set time limits also known as statutes or limitations that define how long an asbestos victim can file a lawsuit. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to receive compensation.

The amount of money victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay their medical expenses. asbestos legal victims might also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related diseases.

Some of these trusts have been empty, while some continue to pay large amounts of money. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc.

Trials

asbestos law sufferers who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.

In a court trial plaintiffs must demonstrate that they have the right to compensation, such as 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 liability for the asbestos-related injury. The process of trial is usually long. In the past decade, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed through the trial procedure and will explain their legal rights in an open courtroom. A qualified attorney 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 particularly true if a person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to create a comprehensive database of the companies, products and locations.

The expense of settling asbestos claims drains funds that could be used to pay for future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.

The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However, these motions require an extensive review of evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received did not cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the case and make sure that it doesn't become part of the long backlog of cases in courts.