Asbestos Litigation

In courts all over the nation, asbestos litigation has been a significant issue. Studies have proven that asbestos exposure can cause lung damage and disease.

It is important for attorneys to know how to spot asbestos products in every case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at 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 can cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can make a claim for compensation or an offer to settle the case with the defendants in the case.

There are typically many defendants in a case involving asbestos because there are many mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos or acted as employers could be held responsible for injuries sustained by victims.

Asbestos suits often fall under product liability laws which are based on state and common laws which allow damages to be recovered from the seller of a product when those products cause injuries. In a suit for asbestos claim product liability it is claimed that the injuries were caused due to the design defect or manufacturing error and that the person injured wasn't adequately warned about the dangers associated with products.

Defendants in asbestos cases often claim that they did not act negligently and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of covering up the issue by trying to thwart claims and trying to stop workers from seeking compensation for their injuries.

A judge or jury can decide how to distribute responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is called the apportionment. The apportionment of liability will not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatments for their condition as well as the loss of earnings due to the inability to work. Victims may also receive compensation and punitive damages.

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

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional suffering as well as loss of enjoyment life as well as pain and suffering. In addition, the survivor family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.

Once an asbestos case has been filed, both sides exchange information in a process known as discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

It is essential for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.

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

Contact us for a complimentary consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Call or email us today to get started.

Settlements

If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. This money is meant to help the victim's family and friends in the event of financial losses due to the asbestos claim exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes with a verdict at trial. It is important to hire an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are extremely complex and lawyers must do extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a strong mesothelioma case.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases, but didn't tell their employees or the general public.

Many states set time limitations also known as statutes or limitations which determine how long an asbestos victim has to file a lawsuit. The time frames vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to receive compensation.

The amount of money that victims receive will depend on their asbestos-disease diagnosis and how severe their condition is, and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical expenses. Asbestos sufferers may also be able to claim through trust funds created to help those diagnosed with mesothelioma and other asbestos-related diseases.

Some trusts are exhausted, but others continue to award huge amounts of money. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.

In a court trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos attorney-related injuries. The process of trial can be lengthy. In the last decade mesothelioma cases, jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is generally easy to identify responsible parties. This is especially true if a person was exposed to more than one kind of asbestos at multiple locations. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create a comprehensive database of employers products, locations and other information.

There is a growing concern that the cost of settling claims of asbestos victims who have been in the past can drain funds which could be used to fund future cases. Additionally, some claimants believe that settlements should be founded on actual injuries and should be compensated more.

Plaintiffs can challenge dismissal of asbestos law claims with the process of summary judgment, or by finding that there was no exposure. These motions, however, require an in-depth examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma attorney can help accelerate the process and ensure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.