Asbestos Litigation

A large amount of asbestos litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and cause disease.

An attorney should be able recognize asbestos in each case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

In asbestos cases, there are generally multiple defendants as there are a variety of mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for injuries suffered by victims.

Asbestos suits often fall under product liability laws, which are based on state and common laws which permit damages to be recovered from sellers of products when they cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the injured party was not properly warned of the risks associated with 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 known for a long time that asbestos-containing products are linked to a variety of diseases. In addition, companies who concealed asbestos's risks to boost profits have been accused of concealing the truth by trying to thwart claims and also to block workers from seeking compensation for their injuries.

A jury or judge can decide how to divide the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants.

Damages

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

The lawsuit alleges the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.

An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease like mesothelioma. A person can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life as well as pain and suffering. In addition, the surviving family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit.

After an asbestos case is filed and the parties exchange information in the process of discovery. This may take a few months and could require extensive interviews with colleagues or relatives, abatement employees and others in order to identify possible defendants and their asbestos-related products.

It is important that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to obtain the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions regarding 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 country. Contact us via email or phone today to start your journey.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases are often 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 can also avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to find a mesothelioma lawyer who has experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must do extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. Evidence usually comes from internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing material. In many instances these documents, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their employees or to the public.

A number of states have time limits also known as statutes or limitations that define how long an asbestos victim must file a lawsuit. The length of time varies between states, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to be compensated.

The amount of compensation that victims will receive is based on the severity of their illness, their diagnosis and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos victims may also be able to claim through trust funds set up for patients diagnosed with mesothelioma as well as other asbestos-related diseases.

Some of these trusts are closed, while others continue to award substantial awards. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the condition was caused by specific exposures.

In a court of law, plaintiffs will be required to prove that they are entitled to damages, including past and future medical costs loss of wages, damages to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. In the last decade mesothelioma jury awards cases have risen dramatically and asbestos far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer can assist patients understand how to proceed through the trial procedure and will explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially true when the victim was exposed to more than one type of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a detailed database of the companies as well as their products and locations.

The expense of settling asbestos claims eats away funds which could be used to pay future cases. Furthermore, some claimants think that settlements aren't basing on actual injuries and therefore deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and an expert opinion that the measured doses of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a backlog in the courts.