Asbestos Litigation

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

It is crucial for attorneys to know how to recognize asbestos-related products in each case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation can be used to pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can file a lawsuit or offer an agreement to the defendants.

There are usually many defendants in an asbestos-related case because there are numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in a position of employer could be held accountable for the injuries sustained by victims.

Asbestos lawsuits are often categorized under product liability laws that are based on the common law and state laws which permit damages to be recouped from the sellers of products if they cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the injured party was not properly warned of the risks associated with using the products.

In asbestos cases, defendants typically argue that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing items is linked to different diseases. Additionally, companies that concealed asbestos's risks to boost profits have been accused of concealing the truth by attempting to suppress claims and by trying to block workers from seeking compensation for their injuries.

If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment process does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims could also be awarded compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed in educating consumers and workers about the risk.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma may file an asbestos lawsuit. A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages like emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the surviving family members of someone who passed away from an asbestos-related disease may bring a wrongful death lawsuit.

When an asbestos-related case is filed and the parties exchange information during a process called discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

It is important for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

Our lawyers are asbestos litigation (company website) experts with years of experience in representing asbestos victims and their families. We are well-known for our skill to obtain the maximum amount of compensation for our clients.

If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us now to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases often settle instead of going to trial, because it is less expensive and easier for defendant companies to settle the case in this way. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their clients' medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence to use in an effective mesothelioma case.

During pre-trial discovery and depositions mesothelioma lawyers may find evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. In many instances the documents prove that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases, but did not divulge this information to their employees or to the general public.

A number of states have time limits which are known as statutes of limitation on the time an asbestos victim must make a claim. These time periods vary from state-to-state, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of money victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough funds to cover medical expenses. Asbestos-related victims may also be able to claim through trust funds established for those who have been diagnosed with mesothelioma, asbestos-related illnesses.

Some of these trusts have been depleted, but others still pay huge amounts of money. In 2018, a federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including future and past medical expenses loss of wages, damages to property as well as pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial can take a long time. In the last 10 years, jury awards for mesothelioma have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand what to do through the trial procedure and will explain their rights under the law in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is particularly true if the person has been exposed to asbestos in more than one place and at different dates. A seasoned mesothelioma attorney will interview witnesses such as co-workers or relatives, abatement workers and suppliers to create an extensive list of companies as well as their products and locations.

There is a growing concern that the expense of settling claims of asbestos victims who have been in the past is consuming funds which could be used to pay for Asbestos litigation future cases. Some claimants are also of the opinion that settlements do not reflect the actual damage and that they should be compensated more.

In asbestos cases, defendants can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However these motions require an extensive review of evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.